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THE STATUTES OF THE REPUBLIC OF SINGAPORE

EVIDENCE ACT
(CHAPTER 97)

(Original Enactment: Ordinance 3 of 1893)

REVISED EDITION 1997

(20th December 1997)
Prepared and Published by
THE LAW REVISION COMMISSION
UNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)

Informal Consolidation – version in force from 1/1/2015

CHAPTER 97

Evidence Act
ARRANGEMENT OF SECTIONS
PART I
RELEVANCY OF FACTS
Section
Preliminary
1.
2.
3.
4.

Short title
Application of Parts I, II and III
Interpretation
Presumptions
Relevancy of facts

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Evidence may be given of facts in issue and relevant facts
Relevancy of facts forming part of same transaction
Facts which are the occasion, cause or effect of facts in issue
Motive, preparation and previous or subsequent conduct
Facts necessary to explain or introduce relevant facts
Things said or done by conspirator in reference to common
design
When facts not otherwise relevant become relevant
In suits for damages facts tending to enable court to determine
amount are relevant
Facts relevant when right or custom is in question
Facts showing existence of state of mind or of body or bodily
feeling
Facts bearing on question whether act was accidental or
intentional
Existence of course of business when relevant
Admissions and confessions

17.
18.

Admission and confession defined
Admission by party to proceeding or his agent, by suitor in
representative character, etc.
1

Informal Consolidation – version in force from 1/1/2015

1997 Ed.

1997 Ed.

Section
19.
20.
21.
22.
23.
24. to
31.
32.
32A.
32B.
32C.
33.

Evidence

CAP. 97

Admissions by persons whose position must be proved as against
party to suit
Admissions by persons expressly referred to by party to suit
Proof of admissions against persons making them and by or on
their behalf
When oral admissions as to contents of documents are relevant
Admissions in civil cases when relevant
30. [Repealed]
Admissions not conclusive proof but may estop
Cases in which statement of relevant fact by person who is dead
or cannot be found, etc., is relevant
Protest, greeting, etc., treated as stating fact that utterance implies
Statement of opinion
Admissibility of evidence as to credibility of maker, etc., of
statement admitted under certain provisions
Relevancy of certain evidence for proving in subsequent
proceeding the truth of facts therein stated
Statements made under special circumstances

34.
35.
36.
36A.
37.
38.
39.
40.

Entries in books of accounts when relevant
[Repealed]
[Repealed]
Rules for filing and receiving evidence and documents in court
by using information technology
Relevancy of entry in public record made in performance of duty
Relevancy of statements in maps, charts and plans
Relevancy of statement as to fact of public nature contained in
certain Ordinances, Acts or notifications
Relevancy of statements as to any law contained in law books
How much of a statement is to be proved

41.

What evidence to be given when statement forms part of a
conversation, document, book or series of letters or papers
Judgments of courts of justice when relevant

42.
43.
44.

Previous judgments relevant to bar a second suit or trial
Relevancy of certain judgments in probate, etc., jurisdiction
Relevancy and effect of judgments, orders or decrees other than
those mentioned in section 43

Informal Consolidation – version in force from 1/1/2015

2

Opinions of experts Facts bearing upon opinions of experts Opinion as to handwriting when relevant Opinion as to existence of right or custom when relevant Opinion as to usages. Proof of facts by oral evidence Oral evidence must be direct Evidence through live video or live television links Documentary evidence 63. 60. other than those mentioned in sections 42 to 44 when relevant Relevance of convictions and acquittals Fraud or collusion in obtaining judgment or incompetency of court may be proved Opinions of third persons when relevant 47. In civil cases character to prove conduct imputed irrelevant In criminal cases previous good character relevant Admissibility of evidence and questions about accused’s disposition or reputation Character as affecting damages PART II PROOF Facts which need not be proved 58. 52. etc. Proof of contents of documents Primary evidence Informal Consolidation – version in force from 1/1/2015 . 62A. 51. 50. 45A.3 CAP.. 46. 1997 Ed. etc. 55. 59. Evidence Judgments. 53. 62. 49. 56. 48. when relevant Opinion on relationship when relevant Grounds of opinion when relevant Character when relevant 54. 57. 97 Section 45. tenets. 64. Fact judicially noticeable need not be proved Facts of which court must take judicial notice Facts admitted need not be proved Oral evidence 61..

85. 87. 67A. 70. 68. 84. Evidence CAP. newspapers and other documents Presumption as to document admissible in England without proof of seal or signature Presumption as to maps or plans made by authority of Government Presumption as to collections of laws and reports of decisions Presumption as to powers of attorney Presumption as to certified copies of foreign judicial records Presumption as to books. 77. 89. 74. Presumption as to genuineness of certified copies Presumption as to documents produced as record of evidence Presumption as to Gazettes. writing or seal with others admitted or proved Public documents 76. 80A. 86. 79. 66. Public documents Private documents Certified copies of public documents Proof of documents by production of certified copies Proof of other official documents Prints from films in the possession of the Government and statutory body Presumptions as to documents 81. 90. 97 Secondary evidence Proof of documents by primary evidence Cases in which secondary evidence relating to documents may be given Proof of documents in certain cases Rules as to notice to produce Manner of giving voluminous or complex evidence Proof of signature and handwriting of person alleged to have signed or written document produced Proof of execution of document required by law to be attested Proof where no attesting witness found Admission of execution by party to attested document Proof when attesting witness denies the execution Proof of document not required by law to be attested Comparison of signature. 72.1997 Ed. 73. 67. 80. 88. 78. 82. maps and charts Presumption as to telegraphic messages Informal Consolidation – version in force from 1/1/2015 4 . 71. 68A. 75. Section 65. 69. 83.

Evidence of terms of contracts.5 CAP. 99.. 94. 96. 106. 104. Who may give evidence of agreement varying terms of document Construction of wills not affected by sections 93 to 101 PART III PRODUCTION AND EFFECT OF EVIDENCE Burden of proof 103. Presumption as to due execution. 109. 101. of documents not produced Presumption as to documents 30 years old Exclusion of oral by documentary evidence 93. 100. Evidence 1997 Ed. grants and other dispositions of property reduced to form of document Exclusion of evidence of oral agreement Exclusion of evidence to explain or amend ambiguous document Exclusion of evidence against application of document to existing facts Evidence as to document meaningless in reference to existing facts Evidence as to application of language which can apply to one only of several persons Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies Evidence as to meaning of illegible characters. 111. 95. 105. Burden of proof On whom burden of proof lies Burden of proof as to particular fact Burden of proving fact to be proved to make evidence admissible Burden of proving that case of accused comes within exceptions Burden of proving fact especially within knowledge Burden of proving death of person known to have been alive within 30 years Burden of proving that person is alive who has not been heard of for 7 years Burden of proof as to relationship in the cases of partners. 102. etc. 110. 97. 98. 107. 108. 97 Section 91. etc. principal and agent Burden of proof as to ownership Informal Consolidation – version in force from 1/1/2015 . 92. 112. landlord and tenant.

and husband or wife of person under criminal trial Judges and Magistrates Communications during marriage Evidence as to affairs of State Official communications Information as to commission of offences Professional communications Communications with legal counsel in entity Sections 128 and 128A to apply to interpreters. cross-examination and re-examination Informal Consolidation – version in force from 1/1/2015 6 . 115. Section 113. Privilege not waived by volunteering evidence Confidential communications with legal advisers Production of title deeds of witness not a party Production of documents which another person having possession could refuse to produce Witness not excused from answering on ground that answer will criminate Accomplice Number of witnesses Examination of witnesses 137. Order of production and examination of witnesses Court to decide as to admissibility of evidence Examination-in-chief. 135. 116. 129. 124. 138. 132. 128. 114. 125. 139. Evidence CAP. 133. 127. 126. 130.1997 Ed. Who may testify Dumb witnesses Parties to civil suit and their wives or husbands. 123. 131. 97 Proof of good faith in transactions where one party is in relation of active confidence Rebuttable presumption of paternity [Repealed] Court may presume existence of certain fact Presumptions in relation to electronic records Estoppel 117. 128A. Estoppel Estoppel of tenant and of licensee of person in possession Estoppel of bailee or licensee Witnesses 120. etc. 116A. 122. 118. 119. 136. 134. 121.

1997 Ed. 97 Section 140. 159. 142. 168. 154. 152. 147. 162. 158. 156. 150. 157. 151. 141. 143. 167. 155. 166. 153. 163. 160A. 149. 145. 146. No new trial for improper admission or rejection of evidence Informal Consolidation – version in force from 1/1/2015 . Evidence Order of examinations and direction of re-examination Cross-examination of person called to produce a document Witnesses to character Leading questions When they must not be asked When they may be asked Evidence as to matters in writing Cross-examination as to previous statements in writing Questions lawful in cross-examination When witness to be compelled to answer Court to decide when question shall be asked and when witness compelled to answer Question not to be asked without reasonable grounds Procedure of court in case of question being asked without reasonable grounds Indecent and scandalous questions Questions intended to insult or annoy Exclusion of evidence to contradict answers to questions testing veracity Questions by party to his own witness Impeaching credit of witness Questions tending to corroborate evidence of relevant fact admissible Former statements of witness may be proved to corroborate later testimony as to same fact What matters may be proved in connection with proved statement relevant under section 32 or 33 Evidence not capable of corroboration Refreshing memory Testimony to facts stated in document mentioned in section 161 Right of adverse party as to writing used to refresh memory Production and translation of documents Giving as evidence document called for and produced on notice Using as evidence document production of which was refused on notice Judge’s power to put questions or order production Power of assessors to put questions Improper admission and rejection of evidence 169. 165. 148. 161.7 CAP. 164. 144. 160.

CAP. II and III. unless the context otherwise requires — [Deleted by Act 4 of 2012 wef 01/08/2012] [Deleted by Act 4 of 2012 wef 01/08/2012] Informal Consolidation – version in force from 1/1/2015 . Interpretation 3. or appearance of. 175. 174. II and III 2. but not to affidavits presented to any court or officer nor to proceedings before an arbitrator. officer of bank Court or Judge may order inspection Costs The Schedule An Act relating to the law of evidence. Interpretation Mode of proof of entries in bankers’ books Proof that book is a banker’s book Verification of copy Production by. 176. (2) All rules of evidence not contained in any written law. 173. This Act may be cited as the Evidence Act. are repealed. II and III shall apply to all judicial proceedings in or before any court. 171. [1st July 1893] PART I RELEVANCY OF FACTS Preliminary Short title 1. Application of Parts I.Evidence 1997 Ed. 97 8 PART IV BANKERS’ BOOKS Section 170. so far as such rules are inconsistent with any of the provisions of this Act.—(1) Parts I. 172.—(1) In Parts I.

“document” includes. [Act 4 of 2012 wef 01/08/2012] “court” includes all Judges and Magistrates and. all persons legally authorised to take evidence. such a transcript together with such a still reproduction. whether enlarged or not. graph or drawing. (b) in the case of a document falling within paragraph (e) but not paragraph (d) of that definition. a transcript of the sounds or other data embodied in it. sound-track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom. tape. whether enlarged or not. plan. and (d) in the case of a document not falling within paragraph (e) of that definition of which a visual image is embodied in a document falling within that paragraph. 97 Evidence 1997 Ed. (d) any disc. a reproduction or still reproduction of the image or images embodied in it. negative. (c) any label. “copy of a document” includes — (a) in the case of a document falling within paragraph (d) but not paragraph (e) of the definition of “document”.9 CAP. (c) in the case of a document falling within paragraphs (d) and (e) of that definition. disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of Informal Consolidation – version in force from 1/1/2015 . or to which it is attached by any means whatsoever. (b) any photograph. except arbitrators. tape. a reproduction of that image. (e) any film (including microfilm). in addition to a document in writing — (a) any map. marking or other writing which identifies or describes anything of which it forms a part. and any reference to a copy of the material part of a document must be construed accordingly.

“fact” includes — (a) any thing. (d) That a man holds a certain opinion. and (f) any paper or other material on which there are marks. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) all documents produced for the inspection of the court: such documents are called documentary evidence. CAP. [Act 4 of 2012 wef 01/08/2012] “evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence. capable of being received by the senses. symbols or perforations having a meaning for persons qualified to interpret them. communicated.Evidence 1997 Ed. received or stored by electronic. Informal Consolidation – version in force from 1/1/2015 . optical or other means in an information system or transmitted from one information system to another. has a certain intention. or is or was at a specified time conscious of a particular sensation. figures. acts in good faith or fraudulently. [Act 4 of 2012 wef 01/08/2012] “electronic record” means a record generated. (c) That a man said certain words is a fact. 97 10 some other equipment) of being reproduced therefrom. impressions. (e) That a man has a certain reputation is a fact. (b) any mental condition of which any person is conscious. state of things. or relation of things. letters. (b) That a man heard or saw something is a fact. magnetic. or uses a particular word in a particular sense. is a fact.

that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature. “fact in issue” includes any fact from which either by itself or in connection with other facts the existence. to act upon the supposition that it exists. the court either believes that it does not exist or considers its non-existence so probable that a prudent man ought. 97 Evidence 1997 Ed. to act upon the supposition that it does not exist. “Disproved” (4) A fact is said to be “disproved” when. after considering the matters before it. non-existence. after considering the matters before it. “Relevant” (2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. At his trial the following facts may be in issue: that A caused B’s death. “Not proved” (5) A fact is said to be “not proved” when it is neither proved nor disproved. the court either believes it to exist or considers its existence so probable that a prudent man ought. nature or extent of any right. Informal Consolidation – version in force from 1/1/2015 . Illustrations A is accused of the murder of B. liability or disability asserted or denied in any suit or proceeding necessarily follows. that A had received grave and sudden provocation from B. that A intended to cause B’s death. under the circumstances of the particular case. “Proved” (3) A fact is said to be “proved” when.11 CAP. under the circumstances of the particular case.

or (ii) seconded as legal adviser to any statutory body established or constituted by or under a public Act for a public function. it may either regard such fact as proved unless and until it is disproved. (2) Whenever it is directed by this Act that the court shall presume a fact. on proof of the one fact.—(1) Whenever it is provided by this Act that the court may presume a fact. or may call for proof of it. CAP.Evidence 1997 Ed. Informal Consolidation – version in force from 1/1/2015 . [Act 4 of 2012 wef 01/08/2012] Presumptions 4. 130 and 131. a “legal counsel” means — (a) a person (by whatever name called) who is an employee of an entity employed to undertake the provision of legal advice or assistance in connection with the application of the law or any form of resolution of legal disputes. 97 12 (6) For the purposes of sections 23. [Act 4 of 2012 wef 01/08/2012] (7) For the purposes of sections 23. and shall not allow evidence to be given for the purpose of disproving it. (3) When one fact is declared by this Act to be conclusive proof of another. 130 and 131. a reference to “advocate or solicitor” therein shall include a reference to any public officer in the Attorney-General’s Chambers when he acts as an advocate or a solicitor. [Act 41 of 2014 wef 01/01/2015] (aa) any Deputy Attorney‑General. or [Act 41 of 2014 wef 01/01/2015] (b) a public officer in the Singapore Legal Service — (i) working in a ministry or department of the Government or an Organ of State as legal adviser to that ministry or department or Organ of State. 128. regard the other as proved. the court shall. 128A. it shall regard such fact as proved unless and until it is disproved.

A’s causing B’s death by such beating. (b) A is accused of waging war against the Government by taking part in an armed insurrection in which property is destroyed. The occurrence of these facts is relevant as forming part of the general transaction. the other party. Facts which. to produce for B’s inspection a document referred to in A’s pleadings. Informal Consolidation – version in force from 1/1/2015 . Illustrations (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. [Act 27 of 2014 wef 01/10/2014] Relevancy of facts forming part of same transaction 6. a party to a suit. Explanation —This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure. Relevancy of facts Evidence may be given of facts in issue and relevant facts 5. otherwise than in accordance with the conditions prescribed by the Rules of Court or the Family Justice Rules (as the case may be). does not comply with a notice given by B. whether they occurred at the same time and place or at different times and places. Illustrations (a) A is accused of the murder of B by beating him. though A may not have been present at all of them. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant. though not in issue. (b) A. 97 Evidence 1997 Ed. are so connected with a fact in issue as to form part of the same transaction are relevant. A’s intention to cause B’s death. troops are attacked and gaols are broken open. This section does not enable A to put such document in evidence on his behalf in such suit. Whatever was said or done by A or B or the bystanders at the beating or so shortly before or after it as to form part of the transaction is a relevant fact.13 CAP. and of no others. At A’s trial the following facts are in issue: A’s beating B with the club.

Facts which are the occasion. or which constitute the state of things under which they happened or which afforded an opportunity for their occurrence or transaction.—(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. are relevant. Letters between the parties relating to the subject out of which the libel arose and forming part of the correspondence in which it is contained are relevant facts though they do not contain the libel itself. cause or effect. are relevant facts. (2) The conduct of any party or of any agent to any party to any suit or proceeding in reference to such suit or proceeding or in reference to any fact in issue therein or relevant thereto. and whether it was previous or subsequent thereto. Evidence CAP. Motive. The facts that shortly before the robbery B went to a fair with money in his possession. and the conduct of any person an offence against whom is the subject of any proceeding. 97 14 (c) A sues B for a libel contained in a letter forming part of a correspondence. Illustrations (a) The question is whether A robbed B. and that he showed or mentioned the fact that he had it to third persons. Facts which are the occasion. The state of B’s health before the symptoms ascribed to poison and habits of B known to A which afforded an opportunity for the administration of poison. Marks on the ground produced by a struggle at or near the place where the murder was committed are relevant facts. The goods were delivered to several intermediate persons successively. preparation and previous or subsequent conduct 8. are relevant. (d) The question is whether certain goods ordered from B were delivered to A. (b) The question is whether A murdered B. cause or effect of facts in issue 7.—The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than Informal Consolidation – version in force from 1/1/2015 .1997 Ed. is relevant if such conduct influences or is influenced by any fact in issue or relevant fact. Each delivery is a relevant fact. (c) The question is whether A poisoned B. Explanation 1. immediate or otherwise. of relevant facts or facts in issue.

The fact that before the death of B. The facts that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate. that B knew that A had murdered C and that B had tried to extort money from A by threatening to make his knowledge public. C said in A’s presence: “The police are coming to look for the man who robbed B”. The fact that at the time when the bond was alleged to be made B required money for a particular purpose is relevant. The facts that A asked C to lend him money. 97 Evidence 1997 Ed. statements. are relevant. but this explanation is not to affect the relevancy of statements under any other section of this Act.15 CAP. or suborned persons to give false evidence respecting it. A provided evidence which would tend to give to the facts of the case an appearance favourable to himself. are relevant facts. Explanation 2. The facts that either before.000. A procured poison similar to that which was administered to B is relevant. or that he destroyed or concealed evidence or prevented the presence or procured the absence of persons who might have been witnesses. and that D said to C in A’s presence and hearing: “I advise you not to trust A for he owes B $10. (e) A is accused of a crime. that he consulted lawyers in reference to making the will. Illustrations (a) A is tried for the murder of B. The facts that after B was robbed. are relevant. (f) The question is whether A robbed B. or at the time of or after the alleged crime. The facts that A murdered C. Informal Consolidation – version in force from 1/1/2015 . (g) The question is whether A owes B $10.000”. B denies the making of the bond. and that A went away without making any answer. (b) A sues B upon a bond for the payment of money.—When the conduct of any person is relevant any statement made to him or in his presence and hearing which affects such conduct is relevant. and that he caused drafts of other wills to be prepared of which he did not approve are relevant. and that immediately afterwards A ran away are relevant. (d) The question is whether a certain document is the will of A. (c) A is tried for the murder of B by poison.

Illustrations (a) The question is whether a given document is the will of A. Informal Consolidation – version in force from 1/1/2015 . are relevant. or as corroborative evidence under section 159. are relevant. The state of A’s property and of his family at the date of the alleged will may be relevant facts. and the contents of the letter. 97 16 (h) The question is whether A committed a crime. (i) A is accused of a crime. Facts necessary to explain or introduce a fact in issue or relevant fact. though it may be relevant as a dying declaration under section 32(1)(a). the circumstances under which and the terms in which the complaint was made. or attempted to conceal things which were or might have been used in committing it. the circumstances under which and the terms in which the complaint was made. or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted. The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal.Evidence 1997 Ed. (k) The question is whether A was robbed. (j) The question is whether A was ravished. The fact that without making a complaint she said that she had been ravished is not relevant as conduct under this section. though it may be relevant as a dying declaration under section 32(1)(a). or was in possession of property or the proceeds of property acquired by the crime. [Act 4 of 2012 wef 01/08/2012] Facts necessary to explain or introduce relevant facts 9. are relevant. The fact that soon after the alleged robbery he made a complaint relating to the offence. CAP. or which establish the identity of any thing or person whose identity is relevant. are relevant. The fact that he said he had been robbed without making any complaint is not relevant as conduct under this section. The facts that shortly after the alleged rape she made a complaint relating to the crime. or which support or rebut an inference suggested by a fact in issue or relevant fact. or as corroborative evidence under section 159. are relevant in so far as they are necessary for that purpose. The facts that after the commission of the alleged crime he absconded.

receive or store the electronic record. what its proponent A claims. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. the reliability of the devices and the circumstances in which the devices were (properly or improperly) used or operated to generate. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant. The method and manner in which the electronic record was (properly or improperly) generated. C on leaving A’s service says to A: “I am leaving you because B has made me a better offer”. (e) A accused of theft is seen to give the stolen property to B who is seen to give it to A’s wife. which is relevant as a fact in issue. except in so far as they are necessary to show that the business was sudden and urgent. communicated. The cries of the mob are relevant as explanatory of the nature of the transaction.17 CAP. B’s statement is relevant as explanatory of a fact which is part of the transaction. This statement is a relevant fact as explanatory of C’s conduct. (g) A seeks to adduce evidence against B in the form of an electronic record. (d) A sues B for inducing C to break a contract of service made by him with A. The fact that soon after the commission of the crime A absconded from his house is relevant under section 8 as conduct subsequent to and affected by facts in issue. B says as he delivers it: “A says you are to hide this”. though the fact that there was a dispute may be relevant if it affected the relations between A and B. The details of the business on which he left are not relevant. (c) A is accused of a crime. 97 Evidence 1997 Ed. or identifying it as the relevant electronic record to support a finding that the record is. (f) A is tried for a riot and is proved to have marched at the head of a mob. received or stored (by A or B). may be relevant facts (if the contents are relevant) as authenticating the electronic record and therefore as explaining or introducing the electronic record. or is not. (b) A sues B for libel imputing disgraceful conduct to A. [Act 4 of 2012 wef 01/08/2012] Informal Consolidation – version in force from 1/1/2015 . communicate. The fact that at the time when he left home he had sudden and urgent business at the place to which he went is relevant as tending to explain the fact that he left home suddenly. B affirms that the matter alleged to be libellous is true.

Facts not otherwise relevant are relevant — (a) if they are inconsistent with any fact in issue or relevant fact. (b) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.1997 Ed. Illustrations (a) The question is whether A committed a crime at Singapore on a certain day. Informal Consolidation – version in force from 1/1/2015 . is relevant. The fact that on that day A was at Penang is relevant. and F transmitted from Singapore to G at Jakarta the money which C had collected at Malacca. D persuaded persons to join the conspiracy in Province Wellesley. done or written by any one of such persons. although he may have been ignorant of all of them. Evidence CAP. and the contents of a letter written by H giving an account of the conspiracy are each relevant. is a relevant fact as against each of the persons believed to be so conspiring. When facts not otherwise relevant become relevant 11. though not impossible. both to prove the existence of the conspiracy and to prove A’s complicity in it. The fact that near the time when the crime was committed A was at a distance from the place where it was committed. 97 18 Things said or done by conspirator in reference to common design 10. anything said. The facts that B procured arms in Europe for the purpose of the conspiracy. C collected money in Malacca for a like object. as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. E published writings advocating the object in view at Singapore. that he committed it. Where there is reasonable ground to believe that 2 or more persons have conspired together to commit an offence or an actionable wrong. which would render it highly improbable. in reference to their common intention after the time when such intention was first entertained by any one of them. Illustrations Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government. and although the persons by whom they were done were strangers to him. and although they may have taken place before he joined the conspiracy or after he left it.

a subsequent grant of the fishery by A’s father irreconcilable with the mortgage.19 CAP. C or D is relevant. asserted or denied or which was inconsistent with its existence. Illustration The question is whether A has a right to a fishery. negligence. recognised or exercised or in which its exercise was disputed. and (b) particular instances in which the right or custom was claimed. rashness. Facts showing the existence of any state of mind. knowledge. In suits for damages facts tending to enable court to determine amount are relevant 12. modified. good faith. Facts relevant when right or custom is in question 13. Where the question is as to the existence of any right or custom. In suits in which damages are claimed. or showing the existence of any state of body or bodily feeling. or in which the exercise of the right was stopped by A’s neighbours. A deed conferring the fishery on A’s ancestors. claimed. are relevant when the existence of any such state of mind or body or bodily feeling is in issue or relevant. 97 Evidence 1997 Ed. the following facts are relevant: (a) any transaction by which the right or custom in question was created. particular instances in which A’s father exercised the right. The circumstances are such that the crime must have been committed either by A. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B. C or D. ill-will or good-will towards any particular person. (b) The question is whether A committed a crime. recognised. asserted or departed from. such as intention. are relevant facts. Facts showing existence of state of mind or of body or bodily feeling 14. a mortgage of the fishery by A’s father. Informal Consolidation – version in force from 1/1/2015 . any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant. B.

the acceptor of a bill of exchange. whereby B being induced to trust C.—But where upon the trial of a person accused of an offence the previous commission by the accused of an offence is relevant within the meaning of this section. knew that the name of the payee was fictitious. (c) A sues B for damage done by a dog of B’s. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin. knowing it to be counterfeit. (f) A is sued by B for fraudulently representing to B that C was solvent. if the payee had been a real person. the previous conviction of such person shall also be a relevant fact. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee. (b) A is accused of fraudulently delivering to another person a counterfeit coin. as showing that A knew that the payee was a fictitious person. (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. 97 20 Explanation 1. The facts that the dog had previously bitten X. It is proved that he was in possession of a particular stolen article. is relevant. is relevant. The fact that at the same time he was in possession of many other stolen articles is relevant as tending to show that he knew each and all of the articles of which he was in possession to be stolen. The fact of previous publications by A respecting B showing ill-will on the part of A towards B is relevant. Informal Consolidation – version in force from 1/1/2015 .—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists not generally but in reference to the particular matter in question. Explanation 2. knowing them to be stolen. who was insolvent. which at the time when he delivered it he knew to be counterfeit. suffered loss. are relevant as showing that A did not intend to harm the reputation of B. The facts that there was no previous quarrel between A and B and that A repeated the matter complained of as he heard it. Evidence CAP. The fact that at the time of its delivery A was possessed of a number of other pieces of counterfeit coin is relevant.1997 Ed. (d) The question is whether A. Y and Z and that they had made complaints to B are relevant. which B knew to be ferocious. Illustrations (a) A is accused of receiving stolen goods. as proving A’s intention to harm B’s reputation by the particular publication in question.

Threatening letters previously sent by A to B may be proved as showing the intention of the letters. (i) A is charged with shooting at B with intent to kill him. when he appropriated it he believed in good faith that the real owner could not be found. is relevant. (g) A is sued by B for the price of work done by B upon a house of which A is owner by the order of C. Informal Consolidation – version in force from 1/1/2015 . is relevant as showing that the fact that A knew of the notice did not disprove A’s good faith. (h) A is accused of the dishonest misappropriation of property which he had found. 97 Evidence 1997 Ed. as showing that A made the representation in good faith. (j) A is charged with sending threatening letters to B. so that C was in a position to contract with B on C’s own account and not as agent for A. (n) A sues B for negligence in providing him with a motor car for hire not reasonably fit for use whereby A was injured. The fact that A paid C for the work in question is relevant as providing that A did in good faith make over to C the management of the work in question. The fact that at the time when A represented C to be solvent C was supposed to be solvent by his neighbours. A’s defence is that B’s contract was with C. In order to show A’s intent. is relevant as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that public notice of the loss of the property had been given in the place where A was. (l) The question is whether A’s death was caused by poison. the fact of A’s having previously shot at B may be proved. (k) The question is whether A has been guilty of cruelty towards B his wife. what was the state of A’s health at the time when an assurance on his life was effected? Statements made by A as to the state of his health at or near the time in question are relevant facts. a contractor. The fact that A knew or had reason to believe that the notice was given fraudulently by C who had heard of the loss of the property and wished to set up a false claim to it.21 CAP. Statements made by A during his illness as to his symptoms are relevant facts. and the question is whether. (m) The question is. and by persons dealing with him. Expression of their feelings towards each other shortly before or after the alleged cruelty are relevant facts.

in each of which the person doing the act was concerned. When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention. (p) A is tried for a crime. each of which he insured. The fact that A on other occasions shot at B is relevant as showing his intention to shoot B. The question is whether this false entry was accidental or intentional. is relevant. are relevant as tending to show that the fire was not accidental. are relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant. It is A’s duty to make entries in a book showing the amounts received by him. and that the false entry is in each case in favour of A. Illustrations (a) A is accused of burning down his house in order to obtain money for which it is insured. Facts bearing on question whether act was accidental or intentional 15. Informal Consolidation – version in force from 1/1/2015 .Evidence 1997 Ed. (o) A is tried for the murder of B by intentionally shooting him dead. The fact that B was habitually negligent about the motor cars which he let to hire is irrelevant. The facts that A lived in several houses successively. in each of which a fire occurred. (b) A is employed to receive money from the debtors of B. The facts that other entries made by A in the same book are false. and after each of which fires A received payment from a different insurance office. CAP. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. He makes an entry showing that on a particular occasion he received less than he really did receive. 97 22 The fact that B’s attention was drawn on other occasions to the defect of that particular motor car is relevant. the fact that such act formed part of a series of similar occurrences.

Existence of course of business when relevant 16. which suggests any inference as to any fact in issue or relevant fact. (c) A is accused of fraudulently delivering to B a counterfeit dollar. by suitor in representative character. (b) The question is whether a particular letter reached A. Admission by party to proceeding or his agent. are relevant.—(1) Statements made by a party to the proceeding or by an agent to any such party whom the court regards under the circumstances of the case as expressly or impliedly authorised by him to make them are admissions. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post. stating or suggesting the inference that he committed that offence. The facts that soon before or soon after the delivery to B. The question is whether the delivery of the dollar was accidental. The facts that it was posted in due course and was not returned through the Dead Letter Office are relevant. and which is made by any of the persons and under the circumstances hereinafter mentioned. according to which it naturally would have been done. A delivered counterfeit dollars to C. Admissions and confessions Admission and confession defined 17. oral or documentary. When there is a question whether a particular act was done. (2) A confession is an admission made at any time by a person accused of an offence. and that that particular letter was put in that place. Illustrations (a) The question is whether a particular letter was despatched.23 CAP. is a relevant fact. D and E are relevant as showing that the delivery to B was not accidental. Informal Consolidation – version in force from 1/1/2015 . etc. 97 Evidence 1997 Ed.—(1) An admission is a statement. the existence of any course of business. 18.

97 24 (2) Statements made by parties to suits. suing or sued in a representative character. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit are admissions if the statements would be relevant as against the persons in relation to the position or liability in a suit brought by or against them. Admissions by persons expressly referred to by party to suit 20. CAP. Admissions by persons whose position must be proved as against party to suit 19. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. or (b) persons from whom the parties to the suit have derived their interest in the subject-matter of the suit. are not admissions unless they were made while the party making them held that character. if A denies that C did owe rent to B. (3) Statements made by — (a) persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding. Informal Consolidation – version in force from 1/1/2015 . B sues A for not collecting rent due from C to B. A statement by C that he owed B rent is an admission and is a relevant fact. and if they are made whilst the person making them occupies the position or is subject to the liability.Evidence 1997 Ed. are admissions if they are made during the continuance of the interest of the persons making the statements. and who make the statement in their character of persons so interested. Illustration A undertakes to collect rents for B. A denies that rent was due from C to B. as against A.

A says to B: “Go and ask C. Evidence is given to show that the ship was taken out of her proper course. Proof of admissions against persons making them and by or on their behalf 21. if the person making it were dead. A produces a book kept by him in the ordinary course of his business. B that it is forged. A affirms that it is genuine. A may prove these statements Informal Consolidation – version in force from 1/1/2015 . and B may prove a statement by A that the deed is forged. it would be relevant as between third persons under section 32. and indicating that the ship was not taken out of her proper course. C’s statement is an admission. A may prove a statement by B that the deed is genuine. and (c) an admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission. showing observations alleged to have been taken by him from day to day. but they cannot be proved by or on behalf of the person who makes them or by his representative in interest except in the following cases: (a) an admission may be proved by or on behalf of the person making it when it is of such a nature that. (b) an admission may be proved by or on behalf of the person making it when it consists of a statement of the existence of any state of mind or body relevant or in issue. Admissions are relevant and may be proved as against the person who makes them or his representative in interest. C knows all about it”.25 CAP. (b) A. Illustration The question is whether a horse sold by A to B is sound. but A cannot prove a statement by himself that the deed is genuine. nor can B prove a statement by himself that the deed is forged. the captain of a ship. 97 Evidence 1997 Ed. made at or about the time when such state of mind or body existed and is accompanied by conduct rendering its falsehood improbable. is tried for casting her away. Illustrations (a) The question between A and B is whether a certain deed is or is not forged.

He produces a letter written by himself and dated at Penang on that day. no admission is relevant if it is made — (a) upon an express condition that evidence of it is not to be given. 97 26 because they would be admissible between third parties if he were dead under section 32(1)(b).—(1) In civil cases. A may prove these facts for the reasons stated in illustration (d). Evidence CAP. (e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not. and that that person did examine it and told him it was genuine. He offers to prove that he refused to sell them below their value. or unless the genuineness of a document produced is in question. (c) A is accused of a crime committed by him at Singapore. knowing them to be stolen. because they are explanatory of conduct influenced by facts in issue. [Act 4 of 2012 wef 01/08/2012] When oral admissions as to contents of documents are relevant 22. because if A were dead it would be admissible under section 32(1)(b). The statement in the date of the letter is admissible. and bearing the Penang postmark of that day. Admissions in civil cases when relevant 23. Oral admissions as to the contents of a document are not relevant unless the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of the document under the rules contained in this Act. Informal Consolidation – version in force from 1/1/2015 . A may prove these statements though they are admissions. or (b) upon circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.1997 Ed. (d) A is accused of receiving stolen goods.

Cases in which statement of relevant fact by person who is dead or cannot be found. (2) Nothing in subsection (1) shall be taken — (a) to exempt any advocate or solicitor from giving evidence of any matter of which he may be compelled to give evidence under section 128. is relevant 32. (a) when the statement is made by a person as to the cause of his death.27 CAP. such statements are relevant whether the person who made them was or was not at the time when they were made under expectation of death. 97 Evidence 1997 Ed. business. [Act 4 of 2012 wef 01/08/2012] 24. or (b) to exempt any legal counsel in an entity from giving evidence of any matter of which he may be compelled to give evidence under section 128A. etc. but they may operate as estoppels under the provisions in this Act. to 30. or is made in course of trade. in a document or otherwise). (b) when the statement was made by a person in the ordinary course of a trade. or as to any of the circumstances of the transaction which resulted in his death. Admissions are not conclusive proof of the matters admitted. and whatever may be the nature of the proceeding in which the cause of his death comes into question. profession or other occupation. business. statements of relevant facts made by a person (whether orally. are themselves relevant facts in the following cases: [Act 4 of 2012 wef 01/08/2012] when it relates to cause of death. profession or other occupation and in particular when it consists of — Informal Consolidation – version in force from 1/1/2015 .—(1) Subject to subsections (2) and (3).. in cases in which the cause of that person’s death comes into question. [Repealed by Act 15/2010 wef 02/01/2011] Admissions not conclusive proof but may estop 31.

goods. (iii) any information in market quotations. profession or other occupation or in the discharge of professional duty. (d) when the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest. or forms part of. business. (ii) an acknowledgment (whether written or signed) for the receipt of money. business. profession or other occupation that are recorded. profession or other occupation. lists. profession or other occupation based on information supplied by other persons. if true. securities or property of any kind. custom or matter had arisen. and when such statement was made before any controversy as to such right. tabulations. body or organisation carrying out the trade. or relates to existence of relationship. or gives opinion as to public right or custom or matters of general interest. or (iv) a document constituting. directories or other compilations generally used and relied upon by the public or by persons in particular occupations. 97 28 (i) any entry or memorandum in books kept in the ordinary course of a trade. Informal Consolidation – version in force from 1/1/2015 . owned or kept by any person. Evidence CAP. business. business.1997 Ed. or forming part of. the records (whether past or present) of a trade. [Act 4 of 2012 wef 01/08/2012] or against interest of maker. or when. of the existence of which if it existed he would have been likely to be aware. a record compiled by a person acting in the ordinary course of a trade. (c) when the statement is against the pecuniary or proprietary interest of the person making it. it would expose him or would have exposed him to a criminal prosecution or to a suit for damages. and includes a statement made in a document that is.

family portrait or other thing on which such statements are usually made. Informal Consolidation – version in force from 1/1/2015 . or in document relating to transaction mentioned in section 13(a). 97 Evidence 1997 Ed. or is sworn or affirmed but refuses to give any evidence. marriage or adoption the person making the statement had special means of knowledge. or is made by several persons and expresses feelings relevant to matter in question. or in any family pedigree or upon any tombstone. marriage or adoption between persons deceased. being compellable to give evidence on behalf of the party desiring to give the statement in evidence. and when such statement was made before the question in dispute was raised. (e) when the statement relates to the existence of any relationship by blood. (h) when the statement was made by a number of persons and expressed feelings or impressions on their part relevant to the matter in question. (g) when the statement is contained in any deed or other document which relates to any such transaction as is mentioned in section 13(a).29 CAP. [Act 4 of 2012 wef 01/08/2012] or is made by person who is dead or who cannot be produced as witness. and when the statement was made before the question in dispute was raised. (f) when the statement relates to the existence of any relationship by blood. attends or is brought before the court. and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged. but refuses to be sworn or affirmed. or is made in will or deed relating to family affairs. (i) when the statement was made by a person who. [Act 4 of 2012 wef 01/08/2012] or is made by person who is compellable but refuses to give evidence. marriage or adoption between persons as to whose relationship by blood.

the rape and the actionable wrong under consideration. or (iv) that. (k) when the parties to the proceedings agree that for the purpose of those proceedings the statement may be given in evidence. or The question is whether A was killed by B under such circumstances that a suit would lie against B by A’s widow. he refuses to do so. being competent but not compellable to give evidence on behalf of the party desiring to give the statement in evidence. (ii) that despite reasonable efforts to locate him. are relevant facts. [Act 4 of 2012 wef 01/08/2012] Illustrations (a) The question is whether A was murdered by B. The question is whether she was ravished by B. A dies of injuries received in a transaction in the course of which she was ravished. (b) The question is as to the date of A’s birth. A statement in the diary of a deceased solicitor regularly kept in the course of business that on a given day the solicitor attended A at a place mentioned in Informal Consolidation – version in force from 1/1/2015 . 97 30 (j) when the statement is made by a person in respect of whom it is shown — (i) is dead or unfit because of his bodily or mental condition to attend as a witness. (c) The question is whether A was in Singapore on a given day. (iii) that he is outside Singapore and it is not practicable to secure his attendance. is a relevant fact. CAP. Statements made by A as to the cause of his or her death.Evidence 1997 Ed. stating that on a given day he attended A’s mother and delivered her of a son. An entry in the diary of a deceased surgeon regularly kept in the course of business. referring respectively to the murder. [Act 4 of 2012 wef 01/08/2012] or by agreement. he cannot be found whether within or outside Singapore.

(k) The question is. (g) The question is whether A. (h) The question is. wrote a letter on a certain day. a person who cannot be found. is a relevant fact. (d) The question is whether a ship sailed from Singapore harbour on a given day. (j) The question is whether A. 97 Evidence 1997 Ed. (e) The question is whether rent was paid to A for certain land. An entry in a memorandum-book by C. whose attendance cannot be procured. of his daughter’s marriage with A on a given date.31 CAP. announcing the birth of A on a given day. the deceased father of B. what was the cause of the wreck of a ship? A protest made by the captain. Informal Consolidation – version in force from 1/1/2015 . stating that the ship sailed on a given day from Singapore harbour is a relevant fact. saying that he had received the rent on A’s account and held it at A’s orders. is a relevant fact. Singapore for the purpose of conferring with him upon specified business is a relevant fact. The question is as to the similarity of the caricature and its libellous character. A letter from A’s deceased agent to B. (l) The question is whether and when A and B were married. to whom the cargo was consigned. The remarks of a crowd of spectators on these points may be proved. The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime is relevant. who is dead. (f) The question is whether A and B were legally married. A letter written by a deceased member of a merchant’s firm by which she was chartered to their correspondents in London. A statement by A that B was his son is a relevant fact. The fact that a letter written by him is dated on that day is relevant. what was the price of shares on a certain day in a particular market? A statement of the price made by a deceased broker in the ordinary course of his business is a relevant fact. was the father of B. (i) The question is. is a relevant fact. (m) A sues B for a libel expressed in a printed caricature exposed in a shopwindow. what was the date of the birth of A? A letter from A’s deceased father to a friend. is a relevant fact.

puts it (or the substance of it) into writing at the time or reasonably soon afterwards. [Act 4 of 2012 wef 01/08/2012] (7) Notwithstanding paragraph (k) of subsection (1). [Act 4 of 2012 wef 01/08/2012] (3) A statement which is otherwise relevant under subsection (1) shall not be relevant if the court is of the view that it would not be in the interests of justice to treat it as relevant. (c). 97 32 (2) For the purposes of paragraph (a). at the request of the maker of the statement. (f). an agreement under that paragraph shall be of no effect for the purposes of any proceedings before the High Court or any proceedings arising out of proceedings before the High Court if made during proceedings before Informal Consolidation – version in force from 1/1/2015 . (e). Evidence CAP. (i) or (j) of subsection (1). with such notice requirements and other conditions as may be prescribed by the Minister under section 428 of the Criminal Procedure Code 2010 (Act 15 of 2010). and (b) in all other proceedings. [Act 27 of 2014 wef 01/10/2014] (5) Where a statement is admitted in evidence under subsection (1).1997 Ed. (g). thereby producing a corresponding statement in a document. the accused or any of the co-accused is represented by an advocate. an agreement under that paragraph does not enable a statement to be given in evidence in criminal proceedings on the prosecution’s behalf unless at the time the agreement is made. the court shall assign such weight as it deems fit to the statement. where a person makes an oral statement to or in the hearing of another person who. the statement in the document shall be treated for the purposes of those paragraphs as the statement of the maker of the oral statement. evidence may not be given under subsection (1) on behalf of a party to the proceedings unless that party complies — (a) in the case of criminal proceedings. [Act 4 of 2012 wef 01/08/2012] (4) Except in the case of subsection (1)(k). with such notice requirements and other conditions as may be prescribed in the Rules of Court or the Family Justice Rules. (d). [Act 4 of 2012 wef 01/08/2012] (6) Notwithstanding paragraph (k) of subsection (1). (h).

treated as stating fact that utterance implies 32A. evidence could not have Informal Consolidation – version in force from 1/1/2015 . of statement admitted under certain provisions 32C.33 CAP. if that person had been so called. a statement of opinion by him on a relevant matter on which he is not qualified to give expert evidence. being a matter of which. an examining Magistrate conducting a committal hearing under Division 2 of Part X of the Criminal Procedure Code 2010. For the purposes of section 32(1). section 32 applies to statements of opinion as they apply to statements of fact. if that person had been so called. if he had denied it. is admissible as evidence of what he perceived. and (b) as regards any matter which. 97 Evidence 1997 Ed..—(1) Where in any proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 32(1) — (a) any evidence which. (2) A statement of opinion shall only be admissible under section 32(1) if that statement would be admissible in those proceedings if made through direct oral evidence. [Act 4 of 2012 wef 01/08/2012] Statement of opinion 32B. could have been put to him in cross-examination for the purpose of undermining his credibility as a witness.. [Act 4 of 2012 wef 01/08/2012] Admissibility of evidence as to credibility of maker.—(1) Subject to this section. a protest. etc. [Act 4 of 2012 wef 01/08/2012] Protest. would be admissible for the purpose of undermining or supporting that person’s credibility as a witness. etc. (3) Where a person is called as a witness in any proceedings. greeting. if made as a way of conveying relevant facts personally perceived by him. greeting or other verbal utterance may be treated as stating any fact that the utterance implies. is admissible for that purpose in those proceedings.

whether before or after he made that statement. (4) Section 32(2) applies for the purposes of this section as it applies for the purposes of section 32(1). (b) the adverse party in the first proceeding had the right and opportunity to cross-examine. or is kept out of the way by the adverse party. or in a later stage of the same judicial proceeding. the truth of the facts which it states. subsections (1) and (2) apply in relation to both the maker of the statement and the person who originally supplied the information from which the statement was made. when the witness is dead or cannot be found or is incapable of giving evidence. and (c) the questions in issue were substantially the same in the first as in the second proceeding. evidence of that matter may with the leave of the court be given for that purpose. written or otherwise) inconsistent with the first-mentioned statement is admissible for the purpose of showing that he has contradicted himself. (3) For the purposes of section 32(1)(b). is relevant for the purpose of proving in a subsequent judicial proceeding. Evidence CAP. evidence tending to prove that. (2) Where in any proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 32(1). 97 34 been adduced by the cross-examining party. or before any person authorised by law to take it. Evidence given by a witness in a judicial proceeding. or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable subject to the following provisions: (a) the proceeding was between the same parties or their representatives in interest.1997 Ed. [Act 4 of 2012 wef 01/08/2012] Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated 33. Informal Consolidation – version in force from 1/1/2015 . he made another statement (orally.

and the Family Justice Rules Committee constituted under the Family Justice Act 2014. [Repealed by Act 4 of 2012 wef 01/08/2012] 36. [Repealed by Act 4 of 2012 wef 01/08/2012] Rules for filing and receiving evidence and documents in court by using information technology 36A. [8/96] (2) Without prejudice to the generality of subsection (1).—(1) The Rules Committee constituted under the Supreme Court of Judicature Act (Cap. Illustration A sues B for $1. receiving and recording of evidence and documents in court by the use of information technology in such form. may make rules to provide for the filing. such rules may — (a) modify such provisions of this Act as may be necessary for the purpose of facilitating the use of electronic filing of documents in court.000 and shows entries in his account-books showing B to be indebted to him to this amount. and Informal Consolidation – version in force from 1/1/2015 . 97 Evidence 1997 Ed. but are not sufficient without other evidence to prove the debt.35 CAP. 35. (b) provide for the burden of proof and rebuttable presumptions in relation to the identity and authority of the person sending or filing the evidence or documents by the use of information technology. The entries are relevant. Entries in books of accounts regularly kept in the course of business are relevant whenever they refer to a matter into which the court has to inquire. 322). but such statements shall not alone be sufficient evidence to charge any person with liability. Explanation —A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. Statements made under special circumstances Entries in books of accounts when relevant 34. manner or method as may be prescribed.

Relevancy of statements in maps. stating a fact in issue or relevant fact and made by a public officer in the discharge of his official duty or by any other person in performance of a duty specially enjoined by the law of the country in which such book. or in maps or plans made under the authority of Government as to matters usually represented or stated in such maps. (c) any legislation enacted by the legislature of any State of Malaysia. Evidence 36 CAP. When the court has to form an opinion as to the existence of any fact of a public nature. charts or plans. (ii) the London Gazette. register or record is kept. charts and plans 38. are themselves relevant facts. Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale. or (d) any printed paper purporting to be — (i) the Government Gazette. An entry in any public or other official book. register or record. any statement of it made in a recital contained in — (a) any Act or Ordinance. Relevancy of statement as to fact of public nature contained in certain Ordinances.1997 Ed. 97 (c) provide for the authentication of evidence and documents filed or received by the use of information technology. is itself a relevant fact. (b) any legislation enacted by the Parliament of Malaysia or by the legislature of any part of the Commonwealth. Acts or notifications 39. [8/96] [Act 27 of 2014 wef 01/10/2014] Relevancy of entry in public record made in performance of duty 37. or (iii) the Gazette printed under the authority of the Government of Malaysia or of any State thereof or Informal Consolidation – version in force from 1/1/2015 .

jurisdiction 43. book or series of letters or papers 41. of the government of any other part of the Commonwealth including. Relevancy of statements as to any law contained in law books 40. any statement of the law contained in a book purporting to be printed or published under the authority of the government of the country.37 CAP. etc. book or series of letters or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement and of the circumstances under which it was made. and to contain any such law. in the exercise of probate. is a relevant fact.—(1) A final judgment. document. Judgments of courts of justice when relevant Previous judgments relevant to bar a second suit or trial 42. matrimonial. evidence shall be given of so much and no more of the statement. order or decree which by law prevents any court from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether the court ought to take cognizance of the suit or to hold the trial. is relevant. How much of a statement is to be proved What evidence to be given when statement forms part of a conversation. admiralty or bankruptcy Informal Consolidation – version in force from 1/1/2015 . When any statement of which evidence is given forms part of a longer statement or of a conversation. 97 Evidence 1997 Ed. The existence of any judgment. document. Relevancy of certain judgments in probate.. or part of an isolated document or is contained in a document which forms part of a book or of a connected series of letters or papers. conversation. and any report of a ruling of the courts of the country contained in a book purporting to be a report of the rulings. order or decree of a competent court. any such local government. where such part is under both a central government and a local government. When the court has to form an opinion as to a law of any country.

Judgments. Informal Consolidation – version in force from 1/1/2015 . or which declares any person to be entitled to any such character. B alleges the existence of a public right of way over the land which A denies. order or decree declares that it had been or should be his property.1997 Ed. orders or decrees are not conclusive proof of that which they state. (b) that any legal character to which it declares any such person to be entitled accrued to that person at the time when such judgment. 97 38 jurisdiction. order or decree is conclusive proof — (a) that any legal character which it confers accrued at the time when such judgment. (c) that any legal character which it takes away from any such person ceased at the time from which such judgment. but such judgments. Relevancy and effect of judgments. which confers upon or takes away from any person any legal character. and (d) that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment. orders or decrees other than those mentioned in section 43 44. Illustration A sues B for trespass on his land. Evidence CAP. or to be entitled to any specific thing. not as against any specified person but absolutely. The existence of a decree in favour of the defendant in a suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way is relevant. (2) Such judgment. is relevant when the existence of any such legal character or the title of any such person to any such thing is relevant. orders or decrees other than those mentioned in section 43 are relevant if they relate to matters of a public nature relevant to the inquiry. order or decree came into operation. but it is not conclusive proof that the right of way exists. order or decree declares it to have accrued to that person. order or decree declared that it had ceased or should cease.

and where he Informal Consolidation – version in force from 1/1/2015 . did not commit) that offence. murders A in consequence. Illustrations (a) A and B separately sue C for a libel which reflects upon each of them. The existence of the judgment is relevant as showing motive for a crime. whether or not he is a party to the proceedings. C. (c) A has obtained a decree for the possession of land against B.39 CAP. C in each case says that the matter alleged to be libellous is true. A’s wife. Afterwards C is prosecuted for bigamy in marrying B during A’s lifetime. C says that she never was A’s wife. that he committed (or. The fact is irrelevant as between B and C. order or decree is a fact in issue or is relevant under some other provision of this Act. where relevant to any issue in the proceedings. A obtains a decree against C for damages on the ground that C failed to make out his justification. Relevance of convictions and acquittals 45A. B’s son.. other than those mentioned in sections 42 to 44 when relevant 45. (d) A is charged with theft and with having been previously convicted of theft. Judgments. etc. and the circumstances are such that it is probably true in each case or in neither. the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore shall be admissible in evidence for the purpose of proving. (b) A prosecutes B under section 498 of the Penal Code for enticing away C. Judgments.—(1) Without prejudice to sections 42. 97 Evidence 1997 Ed. as the case may be. B denies that C is A’s wife. orders or decrees other than those mentioned in sections 42. 44 and 45. but the court convicts B. 43. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue. The judgment against B is irrelevant as against C. 43 and 44 are irrelevant unless the existence of such judgment. The previous conviction is relevant as a fact in issue. (e) A is tried for the murder of B.

giving the substance and effect of the charge and of the conviction or acquittal. this section shall be subject to any written law or any other rule of law to the effect that a conviction shall not be admissible to prove a tendency or disposition on the part of the Informal Consolidation – version in force from 1/1/2015 . Evidence CAP. (b) it has been quashed or set aside. unless the contrary is proved. [8/96] (2) A conviction referred to in subsection (1) is relevant and admissible unless — (a) it is subject to review or appeal that has not yet been determined. 97 40 was convicted. or (c) a pardon has been given in respect of it.1997 Ed. any document containing details of the information. [8/96] (3) A person proved to have been convicted of an offence under this section shall. complaint. agreed statement of facts or record of proceedings on which the person in question is convicted shall be admissible in evidence. [8/96] (6) The method of proving a conviction or acquittal under this section shall be in addition to any other authorised manner of proving a conviction or acquittal. [8/96] [Act 5 of 2014 wef 07/03/2014] [Act 27 of 2014 wef 01/10/2014] (5) Where relevant. whether he was so convicted upon a plea of guilty or otherwise. [8/96] (7) In any criminal proceedings. the registrar of the State Courts or the registrar of the Family Justice Courts. [8/96] (4) Any conviction or acquittal admissible under this section may be proved by a certificate of conviction or acquittal. charge. signed by the Registrar of the Supreme Court. be taken to have committed the acts and to have possessed the state of mind (if any) which at law constitute that offence. as the case may be.

(2) An expert is a person with such scientific. was delivered by a court not competent to deliver it or was obtained by fraud or collusion. technical or other specialised knowledge. [Act 4 of 2012 wef 01/08/2012] Informal Consolidation – version in force from 1/1/2015 . study or experience. order or decree which is relevant under section 42. “registrar of the State Courts” includes a deputy registrar of the State Courts. when the court is likely to derive assistance from an opinion upon a point of scientific. the opinions of experts upon that point are relevant facts. and which has been proved by the adverse party. Opinions of third persons when relevant Opinions of experts 47. accused to commit the kind of offence with which he has been charged. technical or other specialised knowledge based on training. (3) The opinion of an expert shall not be irrelevant merely because the opinion or part thereof relates to a matter of common knowledge. Any party to a suit or other proceeding may show that any judgment.41 CAP. 97 Evidence 1997 Ed. [Act 27 of 2014 wef 01/10/2014] Fraud or collusion in obtaining judgment or incompetency of court may be proved 46. 43 or 44.—(1) Subject to subsection (4). (4) An opinion which is otherwise relevant under subsection (1) shall not be relevant if the court is of the view that it would not be in the interests of justice to treat it as relevant. [8/96] (8) In this section — “registrar of the Family Justice Courts” includes the deputy registrar or an assistant registrar of the Family Justice Courts. “Registrar of the Supreme Court” includes the Deputy Registrar or an Assistant Registrar of the Supreme Court.

B is a merchant in Singapore. Explanation —A person is said to be acquainted with the handwriting of another person when he has seen that person write. (b) The question is whether an obstruction to a harbour is caused by a certain sea-wall. or when. the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed. Opinion as to handwriting when relevant 49. C is B’s clerk. is relevant. in the ordinary course of business. whose duty it was to examine and file B’s correspondence. Illustrations The question is whether a given letter is in the handwriting of A. Illustrations (a) The question is whether A was poisoned by a certain poison.1997 Ed. The fact that other harbours similarly situated in other respects but where there were no such sea-walls began to be obstructed at about the same time is relevant. or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person. that it was or was not written or signed by that person. 97 42 Facts bearing upon opinions of experts 48. D is B’s broker. The fact that other persons who were poisoned by that poison exhibited certain symptoms. a merchant in London. is a relevant fact. for the purpose of advising him thereon. who has written letters addressed to A and received letters purporting to be written by him. Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant. documents purporting to be written by that person have been habitually submitted to him. to whom B habitually submitted the letters purporting to be written by A. which experts affirm or deny to be the symptoms of that poison. Informal Consolidation – version in force from 1/1/2015 . Evidence CAP. When the court has to form an opinion as to the person by whom any document was written or signed.

97 Evidence 1997 Ed. if it existed. Opinion on relationship when relevant 52. though neither B. Illustration The right of the inhabitants of a particular kampong to use the water of a particular well is a general right within the meaning of this section. etc. tenets.—(1) When the court has to form an opinion as to the relationship of one person to another. [51/2007 wef 01/02/2008] Informal Consolidation – version in force from 1/1/2015 . When the court has to form an opinion as to the existence of any general custom or right. are relevant. when relevant 51. 224).. Explanation —“General custom or right” includes customs or rights common to any considerable class of persons. C and D on the question whether the letter is in the handwriting of A are relevant. The opinions of B.43 CAP. the opinions as to the existence of such custom or right of persons who would be likely to know of its existence. (b) the constitution and government of any religious or charitable foundation. When the court has to form an opinion as to — (a) the usages and tenets of any body of men or family. Opinion as to usages. or (c) the meaning of words or terms used in particular districts or by particular classes of people. (2) Such opinion shall not be sufficient to prove a marriage in prosecutions under section 494 or 495 of the Penal Code (Cap. Opinion as to existence of right or custom when relevant 50. the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is a relevant fact. the opinions of persons having special means of knowledge thereon are relevant facts. C nor D ever saw A write.

97 44 Illustration (a) The question is whether A and B were married. Character when relevant In civil cases character to prove conduct imputed irrelevant 54.—(1) In any criminal proceedings. The fact that A was always treated as such by members of the family is relevant.1997 Ed. The fact that they were usually received and treated by their friends as husband and wife is relevant. the grounds on which such opinion is based are also relevant. In criminal proceedings. except in so far as such character appears from facts otherwise relevant. Informal Consolidation – version in force from 1/1/2015 . In criminal cases previous good character relevant 55. the accused may — (a) personally or by his advocate ask questions of any witness with a view to establishing directly or by implication that he is generally or in a particular respect a person of good disposition or reputation. (b) The question is whether A was a legitimate son of B. Grounds of opinion when relevant 53. In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him is irrelevant. Whenever the opinion of any living person is relevant. Illustration An expert may give an account of experiments performed by him for the purpose of forming his opinion. Evidence CAP. the fact that the person accused is of a good character is relevant. Admissibility of evidence and questions about accused’s disposition or reputation 56.

the prosecution may call. or (c) call a witness to give any such evidence. and any person jointly charged with the accused may call or himself give. In civil cases. 97 Evidence 1997 Ed. evidence to establish that the accused is a person of bad disposition or reputation. Explanation —In sections 54. Informal Consolidation – version in force from 1/1/2015 . where he gives evidence. but. if any. (b) himself give evidence tending to establish directly or by implication that he is generally or in a particular respect such a person. (2) Where any of the things mentioned in subsection (1) has been done. section 122(4) shall not apply in relation to his cross-examination by that party. and not of particular acts by which reputation or disposition are shown. whether or not that party calls any other evidence for that purpose. evidence may be given only of general reputation and general disposition. (4) Where by virtue of this section a party is entitled in crossexamining the accused to ask him questions with a view to establishing that he is such a person. the accused) ask him questions with a view to establishing that fact. 56 and 57. and the prosecution or any person so charged may in cross-examining any witness (including. (3) Where by virtue of this section a party is entitled to call evidence to establish that the accused is a person of bad disposition or reputation. that party may call evidence of his previous convictions.45 CAP. Character as affecting damages 57. the word “character” includes both reputation and disposition. 55. except as provided in section 56. the fact that the character of any person is such as to affect the amount of damages which he ought to receive is relevant.

(h) the existence. including all Acts passed or hereafter to be passed by Parliament. functions and signatures of the persons filling for the time being any public office in Singapore. (f) all seals of which English courts take judicial notice. if the fact of their appointment to such office is notified in the Gazette. (b) all Acts passed or hereafter to be passed by the legislature of any territory within the Commonwealth. and all seals which any person is authorised to use by any law in force for the time being in Singapore. (c) articles of war for the armed forces of Singapore or any visiting forces lawfully present in Singapore. Evidence CAP. (i) the ordinary course of nature.1997 Ed. 97 46 PART II PROOF Facts which need not be proved Fact judicially noticeable need not be proved 58. (d) the course of proceedings of Parliament and of the legislature of any territory within the Commonwealth. Facts of which court must take judicial notice 59. (g) the appointment. No fact of which the court will take judicial notice need be proved. the seals of notaries public. accession to office. title and national flag of every State or Sovereign recognised by the Government.—(1) The court shall take judicial notice of the following facts: (a) all laws or rules having the force of law now or heretofore in force or hereafter to be in force in Singapore. the seals of all the courts in Singapore. the meaning Informal Consolidation – version in force from 1/1/2015 . (e) the election of the President and the appointment of any person to exercise the functions of the President. titles. the geographical divisions of the world. natural and artificial divisions of time. names.

47 CAP. and public festivals. (j) the territories in the Commonwealth. in its discretion. continuance and termination of hostilities between Singapore or any other part of the Commonwealth and any other country or body of persons. literature. Informal Consolidation – version in force from 1/1/2015 . and also on all matters of public history. 97 Evidence 1997 Ed. Facts admitted need not be proved 60. (n) all other matters which it is directed by any written law to notice. fasts and holidays notified in the Gazette. (l) the names of the members and officers of the court and of their deputies and subordinate officers and assistants. (m) the rule of the road on land or at sea. science or art. and of all advocates and solicitors and other persons authorised by law to appear or act before it. (3) If the court is called upon by any person to take judicial notice of any fact. [7/97] (2) In all these cases.—(1) No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing or which before the hearing they agree to admit by any writing under their hands. (k) the commencement. require the facts admitted to be proved otherwise than by such admissions. (2) The court may. and also of all officers acting in execution of its process. the court may refuse to do so unless such person produces any such book or document as it considers necessary to enable it to do so. the court may resort for its aid to appropriate books or documents of reference. of English words. or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings.

may be proved by oral evidence. (b) if it refers to a fact which could be heard. (d) if it refers to an opinion or to the grounds on which that opinion is held. Evidence CAP.—(1) Oral evidence must in all cases whatever be direct — (a) if it refers to a fact which could be seen. (2) The opinions of experts expressed in any treatise commonly offered for sale and the grounds on which such opinions are held may be proved by the production of such treatise if the author is dead or cannot be found or has become incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the court regards as unreasonable. require the production of such material thing for its inspection. give evidence through a live video or live television link in any proceedings. Oral evidence must be direct 62. if it thinks fit. (3) If oral evidence refers to the existence or condition of any material thing other than a document. with leave of the court. All facts. it must be the evidence of a witness who says he perceived that fact by that sense or in that manner. the court may. (c) if it refers to a fact which could be perceived by any other sense or in any other manner. other than proceedings in a criminal matter. it must be the evidence of the person who holds that opinion on those grounds. it must be the evidence of a witness who says he heard that fact. a person may. it must be the evidence of a witness who says he saw that fact.—(1) Notwithstanding any other provision of this Act.1997 Ed. except the contents of documents. Evidence through live video or live television links 62A. if — (a) the witness is below the age of 16 years. 97 48 Oral evidence Proof of facts by oral evidence 61. Informal Consolidation – version in force from 1/1/2015 .

49 CAP. or seen and heard. or seen and heard. make an order on all or any of the following matters: (a) the persons who may be present at the place where the witness is giving evidence. (c) the witness is outside Singapore. (d) the persons in the courtroom who must not be able to be heard. Informal Consolidation – version in force from 1/1/2015 . the court shall have regard to all the circumstances of the case including the following: (a) the reasons for the witness being unable to give evidence in Singapore. by the witness and by the persons with the witness. (c) the persons in the courtroom who must be able to be heard. and (c) whether any party to the proceedings would be unfairly prejudiced. (b) the administrative and technical facilities and arrangements made at the place where the witness is to give his evidence. [8/96] (2) In considering whether to grant leave for a witness outside Singapore to give evidence by live video or live television link under this section. or (d) the court is satisfied that it is expedient in the interests of justice to do so. 97 Evidence 1997 Ed. [8/96] (3) The court may. (e) the persons in the courtroom who must be able to see and hear the witness and the persons with the witness. by the witness and by the persons with the witness. (b) that a person be excluded from the place while the witness is giving evidence. (b) it is expressly agreed between the parties to the proceedings that evidence may be so given. in granting leave under subsection (1).

or (e) there has been a material change in the circumstances after the court has made an order. (d) it is necessary for the court to do so because part of the proceedings is being heard outside a courtroom. (g) the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice. (b) it is necessary for the court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties thereto. [8/96] (6) An order made under this section shall not cease to have effect merely because the person in respect of whom it was made attains the age of 16 years before the proceedings in which it was made are finally determined. if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings. [8/96] (5) The court shall not make an order under this section. 97 50 (f) the stages in the proceedings during which a specified part of the order is to have effect. [8/96] Informal Consolidation – version in force from 1/1/2015 . or include a particular provision in such an order.1997 Ed. [8/96] (4) The court may revoke. and (h) any other order the court considers necessary in the interests of justice. so that the witness can identify a person or a thing or so that the witness can participate in or view a demonstration or an experiment. Evidence CAP. (c) it is necessary for the court to do so. suspend or vary an order made under this section if — (a) the live video or live television link system stops working and it would cause unreasonable delay to wait until a working system becomes available.

and the Family Justice Rules Committee constituted under the Family Justice Act 2014. 97 Evidence 1997 Ed. each part is primary evidence of the document. be deemed to be giving evidence in the presence of the court.—Where a number of documents are all made by one uniform process. Explanation 1. for the purposes of this Act. [8/96] (9) The Rules Committee constituted under the Supreme Court of Judicature Act (Cap. Explanation 2. 224) as having been given in the proceedings in which it is given. as in the case of printing. The contents of documents may be proved by primary or by secondary evidence. 194. he shall. may make such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section and for prescribing anything which may be prescribed under this section. 195.—Where a document is executed in several parts. Primary evidence means the document itself produced for the inspection of the court. [8/96] (8) Where a witness gives evidence in accordance with this section. (7) Evidence given by a witness.51 CAP. 205 and 209 of the Penal Code (Cap. each counterpart is primary evidence as against the parties executing it. whether in Singapore or elsewhere. through a live video or live television link by virtue of this section shall be deemed for the purposes of sections 193. each is primary evidence of the contents of the rest. 196. Primary evidence 64. [8/96] [Act 27 of 2014 wef 01/10/2014] Documentary evidence Proof of contents of documents 63. Informal Consolidation – version in force from 1/1/2015 . Where a document is executed in counterpart. lithography or photography. but where they are all copies of a common original they are not primary evidence of the contents of the original. 322). each counterpart being executed by one or some of the parties only.

97 52 Illustration A person is shown to have been in possession of a number of placards. [Act 4 of 2012 wef 01/08/2012] (c) copies made from or compared with the original. CAP. [Act 4 of 2012 wef 01/08/2012] Illustrations (a) An electronic record. Explanation 3.—Notwithstanding 2. telematic or other technical processes. all printed at one time from one original. which in themselves ensure the accuracy of the copy. relied upon.Evidence 1997 Ed. relied upon. [Act 4 of 2012 wef 01/08/2012] Secondary evidence 65. copies made from the original by electronic. optical. Any one of the placards is primary evidence of the contents of any other. (b) If the electronic record has not been manifestly or consistently acted on. Secondary evidence means and includes — (a) certified copies given under the provisions hereinafter contained. mechanical. [8/96] Informal Consolidation – version in force from 1/1/2015 . chemical. magnetic. (e) oral accounts of the contents of a document given by some person who has himself seen it. then the copy is primary evidence. electrochemical. if a copy of a document in the form of an electronic record is shown to reflect that document accurately. the electronic record may be a copy of the document and treated as secondary evidence of that document. is primary evidence of that document. (b) except for copies referred to in Explanation 3 to section 64. and copies compared with such copies. (d) counterparts of documents as against the parties who did not execute them. but no one of them is primary evidence of the contents of the original. or used as a record of the information in the document. or used as the information recorded or stored on the computer system (the document). which has been manifestly or consistently acted on.

and when.—(1) Secondary evidence may be given of the existence. such person does not produce it. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter if it is shown that the copy made by the copying machine was made from the original. Cases in which secondary evidence relating to documents may be given 67. if it is proved that the thing photographed was the original. (ii) any person out of reach of or not subject to the process of the court. although the copy from which it was transcribed was compared with the original. (e) Neither an oral account of a copy compared with the original nor an oral account of a photograph or machine-copy of the original is secondary evidence of the original. [8/96] Proof of documents by primary evidence 66. condition or contents of a document admissible in evidence in the following cases: (a) when the original is shown or appears to be in the possession or power of — (i) the person against whom the document is sought to be proved. 97 Evidence 1997 Ed. or (iii) any person legally bound to produce it.53 CAP. Illustrations (a) A photograph of an original is secondary evidence of its contents. Documents must be proved by primary evidence except in the cases mentioned in section 67. though the 2 have not been compared. but the copy not so compared is not secondary evidence of the original. (c) [Deleted by Act 4 of 2012 wef 01/08/2012] (d) A copy transcribed from a copy but afterwards compared with the original is secondary evidence. after the notice mentioned in section 68. Informal Consolidation – version in force from 1/1/2015 .

1997 Ed. (c) when the original has been destroyed or lost. it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document. (5) In case (g). or of Informal Consolidation – version in force from 1/1/2015 . (d) when the original is of such a nature as not to be easily movable. (c) and (d). or when the party offering evidence of its contents cannot for any other reason not arising from his own default or neglect produce it in reasonable time. (e) when the original is a public document within the meaning of section 76. (g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in court. (f) when the original is a document of which a certified copy is permitted by this Act or by any other law in force for the time being in Singapore to be given in evidence. Proof of documents in certain cases 67A. Evidence CAP. condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest. the written admission is admissible. (3) In case (b). and the fact to be proved is the general result of the whole collection. a certified copy of the document but no other kind of secondary evidence is admissible. (2) In cases (a). Where in any proceedings a statement in a document is admissible in evidence by virtue of section 32(1). evidence may be given as to the general result of the documents by any person who has examined them and who is skilled in the examination of such documents. (4) In case (e) or (f). any secondary evidence of the contents of the document is admissible. 97 54 (b) when the existence.

if it appears to the court that — (a) the materials would be likely to aid the court’s comprehension of other evidence which is relevant and admissible according to the provisions of this Act or any other written law. [Act 4 of 2012 wef 01/08/2012] Rules as to notice to produce 68. (f) when the person in possession of the document is out of reach of or not subject to the process of the court. the material part of it. or to his solicitor. then such notice as the court considers reasonable under the circumstances of the case. and if no notice is prescribed by law. in electronic or other medium. (e) when the adverse party or his agent has admitted the loss of the document. (d) when the adverse party or his agent has the original in court. summaries or other explanatory material. such notice to produce it as is prescribed by law. (b) when from the nature of the case the adverse party must know that he will be required to produce it. and Informal Consolidation – version in force from 1/1/2015 . authenticated in a manner approved by the court. (2) The notice mentioned in subsection (1) shall not be required in order to render secondary evidence admissible in any of the following cases or in any other case in which the court thinks fit to dispense with it: (a) when the document to be proved is itself a notice.—(1) Secondary evidence of the contents of the documents referred to in section 67(1)(a) shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is. (c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force. Manner of giving voluminous or complex evidence 68A.—(1) Evidence may be given in the form of charts.55 CAP. 97 Evidence 1997 Ed.

1997 Ed.

Evidence

56

CAP. 97

(b) the evidence that is to be given by any party is so voluminous
or complex that the court considers it convenient to assess the
evidence by reference to such materials.
[8/96]
[Act 4 of 2012 wef 01/08/2012]

(2) Any fact or opinion asserted in any material referred to in
subsection (1) shall be proved by relevant and admissible evidence,
and if such fact or opinion is one that is admissible only on the proof of
some other fact or opinion, such last-mentioned fact or opinion must
be proved before evidence is given of the fact or opinion firstmentioned, unless the party undertakes to give proof of such fact or
opinion and the court is satisfied with such undertaking.
[8/96]

(3) In any proceedings where any material referred to in
subsection (1) is adduced in evidence, the court may —
(a) direct the party to provide such material in electronic or other
medium;
[Act 4 of 2012 wef 01/08/2012]

(b) require the provision of such material or copy thereof,
including the identity and address of the person who prepared
the material, to the other parties; and
(c) specify a period within which such material or copy thereof
must be provided to all parties to the proceedings.
[8/96]

Proof of signature and handwriting of person alleged to have
signed or written document produced
69.—(1) If a document is alleged to be signed or to have been
written wholly or in part by any person, the signature or the
handwriting of so much of the document as is alleged to be in that
person’s handwriting must be proved to be in his handwriting.
[Act 25/98 wef 10/07/98]

(2) This section shall not apply to any electronic record or electronic
signature to which the Electronic Transactions Act 1998 applies.
[Act 25/98 wef 10/07/98]

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57

CAP. 97

Evidence

1997 Ed.

Proof of execution of document required by law to be attested
70. If a document is required by law to be attested, it shall not be
used as evidence until one attesting witness at least has been called for
the purpose of proving its execution, if there is an attesting witness
alive and subject to the process of the court and capable of giving
evidence.
Proof where no attesting witness found
71. If no such attesting witness can be found, or if the document
purports to have been executed in the United Kingdom of Great
Britain and Northern Ireland, it must be proved that the attestation of
one attesting witness at least is in his handwriting, and that the
signature of the person executing the document is in the handwriting
of that person.
Admission of execution by party to attested document
72. The admission of a party to an attested document of its execution
by himself shall be sufficient proof of its execution as against him,
though it is a document required by law to be attested.
Proof when attesting witness denies the execution
73. If the attesting witness denies or does not recollect the execution
of the document, its execution may be proved by other evidence.
Proof of document not required by law to be attested
74. An attested document not required by law to be attested may be
proved as if it was unattested.
Comparison of signature, writing or seal with others admitted
or proved
75.—(1) In order to ascertain whether a signature, writing or seal is
that of the person by whom it purports to have been written or made,
any signature, writing or seal, admitted or proved to the satisfaction of
the court to have been written or made by that person, may be
compared by a witness or by the court with the one which is to be
proved, although that signature, writing or seal has not been produced
or proved for any other purpose.
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Evidence

1997 Ed.

CAP. 97

58

(2) The court may direct any person present in court to write any
words or figures for the purpose of enabling the court to compare the
words or figures so written with any words or figures alleged to have
been written by such person.
(3) This section shall apply also, with any necessary modifications,
to finger impressions.
Public documents
Public documents
76. The following documents are public documents:
(a) documents forming the acts or records of the acts of —
(i) the sovereign authority;
(ii) official bodies and tribunals; and
(iii) public officers, legislative, judicial and executive,
whether of Singapore or of any part of the
Commonwealth or of a foreign country;
(b) public records kept in Singapore of private documents.
Private documents
77. All other documents are private.
Certified copies of public documents
78.—(1) Every public officer having the custody of a public
document which any person has a right to inspect shall give that
person on demand a copy of it on payment of the legal fees therefor,
together with a certificate, written at the foot of such copy, that it is a
true copy of such document or part thereof, as the case may be.
(2) A certificate under subsection (1) shall be dated and subscribed
by such officer with his name and his official title, and shall be sealed
whenever such officer is authorised by law to make use of a seal, and
such copies so certified shall be called certified copies.
Explanation —Any officer who by the ordinary course of official duty is
authorised to deliver such copies shall be deemed to have the custody of such
documents within the meaning of this section.
Informal Consolidation – version in force from 1/1/2015

97 Evidence 1997 Ed.59 CAP. (d) proclamations. orders or notifications of the Government of Malaysia or the proceedings of the Parliament of Malaysia — by copies or extracts contained in the Government Gazette of Malaysia or by the recognition thereof in any Act or Ordinance of Malaysia or any State thereof. orders or notifications of the Government in any of its departments — by the records of the departments certified by the heads of those departments or by a Minister or by any document purporting to be printed by the authority of the Government. or by a copy certified under the seal of the country or sovereign.—(1) The following public documents may be proved as follows: (a) the Acts. orders or regulations issued by Her Majesty or by the Privy Council or by any department of Her Majesty’s Government — by copies or extracts contained in the London Gazette or the Gazette. (b) the proceedings of Parliament — by the minutes of Parliament or by published Acts or abstracts or by copies purporting to be printed by the authority of the Government. or by a recognition thereof in some public Act of Singapore. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. (c) the Acts. (e) the Acts of the Executive or the proceedings of the legislature of a foreign country — by journals published by their authority or commonly received in that country as such. Informal Consolidation – version in force from 1/1/2015 . Proof of documents by production of certified copies 79. Proof of other official documents 80.

(3) In this section. Ordinance or Statute. if purporting to be printed by the Government Printer. or otherwise to be the Government Printer of that territory. Evidence CAP.—(1) A print. purporting to be made from a film of any document in the possession of the Government or any statutory body specified in the Schedule may be produced in proof of the contents of the document or such part of the document to which the print purports to be a copy upon proof that — (a) while the document was in the custody or control of the Government or specified statutory body the film was taken in order to keep a permanent record thereof. shall be received in evidence by all courts in Singapore without any proof being given that the copies were so printed. 97 60 (f) the proceedings of a municipal body. town board or other local authority in Malaysia — by a copy of such proceedings certified by the legal keeper thereof. the printer purporting to be the printer authorised to print the Acts. “Government Printer” means. regulations and other instruments issued or made under the authority of any such Act. or by a printed book purporting to be published by the authority of such body. whether enlarged or not. (2) Copies of Acts. Ordinances and Statutes passed by the legislature of any territory in the Commonwealth and of orders. as respects any territory in the Commonwealth. Ordinances or Statutes of the legislature of that territory. and Informal Consolidation – version in force from 1/1/2015 .1997 Ed. Prints from films in the possession of the Government and statutory body 80A. with a certificate under the seal of a notary public or of a consular officer of Singapore that the copy is duly certified by the officer having the legal custody of the original and upon proof of the character of the document according to the law of the foreign country. (g) public documents of any other class in a foreign country — by the original or by a copy certified by the legal keeper thereof.

orally or by a certificate purporting to be signed by such public officer or employee. (ii) was so damaged as to be wholly or partly indecipherable. 97 Evidence 1997 Ed. (iii) was lost. and (b) of compliance with the conditions in subsection (1). and (b) that the certificate purporting to be signed by a public officer or an employee of a specified statutory body has been signed by him. or (iv) had passed out of the custody or control of the Government or specified statutory body. (4) On the production of a certificate under subsection (3). (b) the document photographed — (i) was subsequently destroyed. Informal Consolidation – version in force from 1/1/2015 . presume — (a) that the facts stated in the certificate relating to the print and the compliance with the conditions in subsection (1) are true. the court before which it is produced shall. (3) A certificate under subsection (2) shall be admissible in evidence in any proceedings before any court on its production without further proof. microfilm and photostatic negative. may be given in respect of any document or groups of documents by a public officer or by an employee of the specified statutory body having custody or control of the film. (5) In this section — “film” includes a photographic plate. whether deliberately or otherwise.61 CAP. until the contrary is proved. (2) Proof — (a) that a print is made from a film of a document in the possession of the Government or a specified statutory body.

1997 Ed.

Evidence

CAP. 97

62

“specified statutory body” means a statutory body specified in
the Schedule.
(6) The Minister may, by order published in the Gazette, amend
the Schedule.
Presumptions as to documents
Presumption as to genuineness of certified copies
81.—(1) The court shall presume to be genuine every document
purporting to be a certificate, certified copy or other document which
is by law declared to be admissible as evidence of any particular fact,
and which purports to be duly certified by any public officer in
Singapore or any officer in Malaysia who is duly authorised thereto, if
such document is substantially in the form and purports to be executed
in the manner directed by law in that behalf.
(2) The court shall also presume that any officer by whom any such
document purports to be signed or certified held, when he signed it,
the official character which he claims in such document.
Presumption as to documents produced as record of evidence
82. Whenever any document is produced before any court
purporting to be a record or memorandum of the evidence or of any
part of the evidence given by a witness in a judicial proceeding or
before any officer authorised by law to take such evidence, or to be a
statement or confession by any prisoner or accused person, taken in
accordance with law and purporting to be signed by any Judge or
Magistrate or by any such authorised officer, the court shall
presume —
(a) that the document is genuine;
(b) that any statements as to the circumstances under which it was
taken, purporting to be made by the person signing it, are true;
and
(c) that such evidence, statement or confession was duly taken.

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63

CAP. 97

Evidence

1997 Ed.

Presumption as to Gazettes, newspapers and other documents
83. * The court shall presume the genuineness of every document
purporting to be the Government Gazette of Singapore or the
Government Gazette of Malaysia or of any part of the
Commonwealth, or to be the Gazette issued by the local
government of any part of Malaysia or of the Commonwealth, or to
be a newspaper or journal and of every document purporting to be a
document directed by any law to be kept by any person, if such
document is kept substantially in the form required by law and is
produced from proper custody.
Presumption as to document admissible in England without
proof of seal or signature
84. When any document is produced before any court purporting to
be a document which by the law in force for the time being in England
or Northern Ireland would be admissible in proof of any particular in
any court of justice in England or Northern Ireland, without proof of
the seal or stamp or signature authenticating it, or of the judicial or
official character claimed by the person by whom it purports to be
signed —
(a) the court shall presume that such seal, stamp or signature is
genuine, and that the person signing it held at the time when
he signed it the judicial or official character which he claims;
and
(b) the document shall be admissible for the same purpose for
which it would be admissible in England or Northern Ireland.
Presumption as to maps or plans made by authority of
Government
85.—(1) The court shall presume that maps or plans purporting to
be made by the authority of the Government were so made and are
accurate.
(2) Maps or plans made for the purposes of any cause or other
proceeding, civil or criminal, must be proved to be accurate.
*See also section 48 of the Interpretation Act (Cap. 1) and the explanation appended to section 92 of this Act.

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64

Presumption as to collections of laws and reports of decisions
86. The court shall presume the genuineness of every book
purporting —
(a) to be printed or published under the authority of the
government of any country and to contain any of the laws
of that country; or
(b) to contain reports of decisions of the courts of such country.
Presumption as to powers of attorney
87. The court shall presume that every document purporting to be a
power of attorney, and to have been executed before and authenticated
by a notary public or any court, Judge, Magistrate or consular officer
of Singapore, was so executed and authenticated.
Presumption as to certified copies of foreign judicial records
88. The court may presume that any document purporting to be a
certified copy of any judicial record of any country not forming part of
the Commonwealth is genuine and accurate if the document purports
to be certified in any manner which is certified by any representative
of the President or of Her Britannic Majesty in or for such country to
be the manner commonly in use in that country for the certification of
copies of judicial records.
Presumption as to books, maps and charts
89. The court may presume that any book to which it may refer for
information on matters of public or general interest, and that any
published map or chart the statements of which are relevant facts and
which is produced for its inspection, was written and published by the
person and at the time and place by whom or at which it purports to
have been written or published.
Presumption as to telegraphic messages
90. The court may presume that a message forwarded from a
telegraph office to the person to whom such message purports to be
addressed corresponds with a message delivered for transmission at
the office from which the message purports to be sent; but the court
Informal Consolidation – version in force from 1/1/2015

97 Evidence 1997 Ed. but no custody is improper if it is proved to have had a legitimate origin. the court may presume that the signature and every other part of such document which purports to be in the handwriting of any particular person is in that person’s handwriting. The custody is proper. (c) A. of documents not produced 91. Informal Consolidation – version in force from 1/1/2015 . Explanation —Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom they would naturally be.65 CAP. was attested. stamped and executed in the manner required by law. a connection of B. Presumption as to due execution. Where any document purporting or proved to be 30 years old is produced from any custody which the court in the particular case considers proper. Presumption as to documents 30 years old 92. The custody is proper. that it was duly executed and attested by the persons by whom it purports to be executed and attested. showing his titles to it. which were deposited with him by B for safe custody. etc. produces deeds relating to lands in B’s possession. This explanation applies also to section 83. The mortgagor is in possession. He produces from his custody deeds relating to the land. after notice to produce given under section 68. The court shall presume that every document called for and not produced. (b) A produces deeds relating to landed property of which he is the mortgagee. Illustrations (a) A has been in possession of landed property for a long time. The custody is proper. and in the case of a document executed or attested. or if the circumstances of the particular case are such as to render such an origin probable.. shall not make any presumption as to the person by whom such message was delivered for transmission.

—Where there are more originals than one. grants and other dispositions of property reduced to form of document 93. one only need be proved. The evidence is admissible.1997 Ed. shall not preclude the admission of oral evidence as to the same fact. Explanation 3. Explanation 2. (c) If a bill of exchange is drawn in a set of 3. Exception 2. Illustrations (a) If a contract is contained in several letters. the bill of exchange must be proved.—The statement in any document whatever of a fact. and when it is shown that any particular person has acted as such officer.—When a public officer is required by law to be appointed in writing. Explanation 1. Informal Consolidation – version in force from 1/1/2015 . one original only need be proved. 97 66 Exclusion of oral by documentary evidence Evidence of terms of contracts. The contract mentions the fact that B had paid A the price of other pepper contracted for verbally on another occasion. other than the facts referred to in this section. (b) If a contract is contained in a bill of exchange. and to cases in which they are contained in more documents than one. Oral evidence is offered that no payment was made for the other pepper. Evidence CAP. and in all cases in which any matter is required by law to be reduced to the form of a document. Exception 1.—Wills admitted to probate in Singapore may be proved by the probate.—This section applies equally to cases in which the contracts. grants or dispositions of property referred to are contained in one document. (d) A contracts in writing with B for the delivery of pepper upon certain terms. When the terms of a contract or of a grant or of any other disposition of property have been reduced by or by consent of the parties to the form of a document. no evidence shall be given in proof of the terms of such contract. the writing by which he is appointed need not be proved. grant or other disposition of property or of such matter except the document itself. all the letters in which it is contained must be proved. or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions of this Act.

67 CAP. adding to. the court shall have regard to the degree of formality of the document. grant or other disposition of property. Oral evidence is offered of the payment. want of capacity in any contracting party. The evidence is admissible. or has been registered according to the law in force for the time being as to the registration of documents. may be proved except in cases in which such contract. (d) the existence of any distinct subsequent oral agreement. grant or disposition of property. or any matter required by law to be reduced to the form of a document. illegality. to rescind or modify any such contract. Exclusion of evidence of oral agreement 94. (e) A gives B a receipt for money paid by B. the fact that it is wrongly dated. grant or disposition of property. or mistake in fact or law. When the terms of any such contract. 97 Evidence 1997 Ed. (b) the existence of any separate oral agreement. have been proved according to section 93. intimidation. in considering whether or not this proviso applies. grant or disposition of property is by law required to be in writing. may be proved. want or failure of consideration. or subtracting from its terms subject to the following provisions: (a) any fact may be proved which would invalidate any document or which would entitle any person to any decree or order relating thereto. no evidence of any oral agreement or statement shall be admitted as between the parties to any such instrument or their representatives in interest for the purpose of contradicting. such as fraud. want of due execution. as to any matter on which a document is silent and which is not inconsistent with its terms. except that the annexing of Informal Consolidation – version in force from 1/1/2015 . varying. (c) the existence of any separate oral agreement constituting a condition precedent to the attaching of any obligation under any such contract. (e) any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description may be proved. may be proved.

(f) A orders goods of B by a letter in which nothing is said as to the time of payment. and also prays that the contract may be performed as to one of its provisions on the ground that that provision was inserted in it by mistake. (g) A sells B a horse and verbally warrants him sound. (d) A enters into a written contract with B to work certain mines. Informal Consolidation – version in force from 1/1/2015 . (c) An estate called “the Kranji Estate” is sold by a deed which contains a map of the property sold. A was induced to do so by a misrepresentation of B as to their value. A hires lodgings of B for a year. (b) A agrees absolutely in writing to pay B $1. Evidence CAP. B sues A for the price.1997 Ed. It is silent on the subject of board. A gives B a paper in these words: “Bought of A a horse for $300.” A may prove a verbal agreement that these terms were to include partial board.000 on 1st March 1893. A may show that the goods were supplied on credit for a term still unexpired. (h) A hires lodgings of B and gives B a card on which is written: “Rooms $80 a month. and a regularly stamped agreement drawn up by an attorney is made between them. The goods are shipped in a particular ship. The fact that at the same time an oral agreement was made that the money should not be paid till 31st March cannot be proved. The fact that that particular ship was orally excepted from the policy cannot be proved. A may not prove that board was included in the terms verbally.” B may prove the verbal warranty. and accepts the goods on delivery. (e) A institutes a suit against B for the specific performance of a contract. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved. 97 68 such incident would not be repugnant to or inconsistent with the express terms of the contract. This fact may be proved. upon certain terms. (f) any fact may be proved which shows in what manner the language of a document is related to existing facts. A may prove that such a mistake was made as would by law entitle him to have the contract performed. Illustrations (a) A policy of insurance is effected on goods “in ships from Singapore to London”. which is lost. the property of B.

(j) A and B make a contract in writing to take effect upon the happening of a certain contingency. When the language used in a document is on its face ambiguous or defective. When language used in a document is plain in itself. Exclusion of evidence to explain or amend ambiguous document 95. (b) A deed contains blanks. (i) A applies to B for a debt due to A by sending a receipt for the money. When language used in a document is plain in itself and when it applies accurately to existing facts. Evidence cannot be given of facts which would show how they were meant to be filled. who sues A upon it. A has an estate at Kranji containing 100 hectares. evidence may not be given to show that it was not meant to apply to such facts. Illustrations (a) A agrees in writing to sell a horse to B for $500 or $600. Evidence may not be given of the fact that the estate meant was one situated at a different place and of a different size. The writing is left with B. Exclusion of evidence against application of document to existing facts 96. In a suit for the amount A may prove this.69 CAP. evidence may be given to show that it was used in a peculiar sense. evidence may not be given of facts which would show its meaning or supply its defects. Illustration A conveys to B by deed “my estate at Kranji containing 100 hectares”. A may show the circumstances under which it was delivered. Evidence as to document meaningless in reference to existing facts 97. B keeps the receipt and does not send the money. Evidence cannot be given to show which price was to be given. Informal Consolidation – version in force from 1/1/2015 . 97 Evidence 1997 Ed. but is meaningless in reference to existing facts.

technical. of foreign. but not in the occupation of Y.1997 Ed. but it is not at X. local Informal Consolidation – version in force from 1/1/2015 . Evidence as to application of language which can apply to one only of several persons 98. and could not have been meant to apply to more than one of several persons or things. A had no plantation in Penang. When the language used applies partly to one set of existing facts and partly to another set of existing facts. Evidence may be given of facts showing which he meant to sell. Evidence CAP. Evidence may be given of facts showing whether Halifax in Yorkshire or Halifax in Nova Scotia was meant. evidence may be given of facts which show to which of those persons or things it was intended to apply. obsolete. evidence may be given to show to which of the 2 it was meant to apply. Illustration A agrees to sell to B “my land at X in the occupation of Y”. but the whole of it does not apply correctly to either. and he has land in the occupation of Y. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies 99. When the facts are such that the language used might have been meant to apply to any one. Evidence may be given of facts which show which of them was meant. (b) A agrees to accompany B to Halifax. etc. 100. Evidence may be given to show the meaning of illegible or not commonly intelligible characters. A has land at X. but it appears that he had a plantation in Province Wellesley. A has 2 white horses. of which B had been in possession since the execution of the deed. Evidence as to meaning of illegible characters. 97 70 Illustration A conveys to B by deed “my plantation in Penang”. Illustrations (a) A agrees to sell to B for $500 “my white horse”. These facts may be proved to show that the deed related to the plantation in Province Wellesley.

Illustration A and B make a contract in writing that B shall sell A certain tin to be paid for on delivery. [7/97] PART III PRODUCTION AND EFFECT OF EVIDENCE Burden of proof Burden of proof 103. Informal Consolidation – version in force from 1/1/2015 . (2) When a person is bound to prove the existence of any fact. A has both models and modelling tools. must prove that those facts exist. Persons who are not parties to a document or their representatives in interest may give evidence of any fact tending to show a contemporaneous agreement varying the terms of the document. Illustration A. At the same time they make an oral agreement that 3 months’ credit shall be given to A. a sculptor. dependent on the existence of facts which he asserts. it is said that the burden of proof lies on that person. agrees to sell to B “all my mods”. This could not be shown as between A and B. and provincial expressions. Construction of wills not affected by sections 93 to 101 102. Nothing in sections 93 to 101 shall affect the construction of wills. of abbreviations and of words used in a peculiar sense. but it might be shown by C if it affected his interests. Evidence may be given to show which he meant to sell. Who may give evidence of agreement varying terms of document 101.71 CAP. 97 Evidence 1997 Ed.—(1) Whoever desires any court to give judgment as to any legal right or liability.

Evidence CAP. (b) B wishes the court to believe that at the time in question he was elsewhere. (b) A desires a court to give judgment that he is entitled to certain land in the possession of B by reason of facts which he asserts and which B denies to be true. 97 72 Illustrations (a) A desires a court to give judgment that B shall be punished for a crime which A says B has committed. If no evidence were given on either side.1997 Ed. B’s father. which A denies. If no evidence were given on either side. Therefore the burden of proof is on A. Informal Consolidation – version in force from 1/1/2015 . A must prove the admission. A must prove the existence of those facts. The execution of the bond is admitted. He must prove it. but B says that it was obtained by fraud. B would be entitled to his possession. was left to A by the will of C. unless it is provided by any law that the proof of that fact shall lie on any particular person. A must prove that B has committed the crime. Therefore the burden of proof is on B. The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence. Illustrations (a) A sues B for land of which B is in possession. (b) A sues B for money due on a bond. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A prosecutes B for theft and wishes the court to believe that B admitted the theft to C. On whom burden of proof lies 104. as A asserts. and which. Burden of proof as to particular fact 105. A would succeed as the bond is not disputed and the fraud is not proved.

and the court shall presume the absence of such circumstances. or in any law defining the offence. 224). the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Penal Code (Cap. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. (c) Section 325 of the Penal Code provides that whoever. A must prove that the document has been lost. A is charged with voluntarily causing grievous hurt under section 325. Illustrations (a) A wishes to prove a dying declaration by B. The burden of proving the circumstances. The burden of proof is on A. When any fact is especially within the knowledge of any person. lies on A.73 CAP. (b) A wishes to prove by secondary evidence the contents of a lost document. is upon him. Illustrations (a) A accused of murder alleges that by reason of unsoundness of mind he did not know the nature of the act. Informal Consolidation – version in force from 1/1/2015 . 97 Evidence 1997 Ed. bringing the case under section 335. voluntarily causes grievous hurt shall be subject to certain punishments. Burden of proving fact to be proved to make evidence admissible 106. except in the case provided for by section 335. or within any special exception or proviso contained in any other part of the Penal Code. Burden of proving fact especially within knowledge 108. Burden of proving that case of accused comes within exceptions 107. A must prove B’s death. (b) A accused of murder alleges that by grave and sudden provocation he was deprived of the power of self-control. When a person is accused of any offence. The burden of proof is on A. the burden of proving that fact is upon him.

Burden of proving that person is alive who has not been heard of for 7 years 110. Burden of proving death of person known to have been alive within 30 years 109. landlord and tenant. is on the person who affirms it. or have ceased to stand to each other in those relationships respectively. the burden of proving that they do not stand. and it is shown that he was alive within 30 years. or principal and agent. one of whom stands to the other in a position of Informal Consolidation – version in force from 1/1/2015 . landlord and tenant. When the question is whether persons are partners. When the question is whether a man is alive or dead. principal and agent 111. Burden of proof as to ownership 112. When the question is whether any person is owner of anything of which he is shown to be in possession. the burden of proving that he is not the owner is on the person who affirms that he is not the owner. the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. When the question is whether a man is alive or dead. The burden of proving that he had a ticket is on him. and it has been shown that they have been acting as such. 97 74 Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest. and it is proved that he has not been heard of for 7 years by those who would naturally have heard of him if he had been alive. Where there is a question as to the good faith of a transaction between parties. the burden of proving that he is dead is on the person who affirms it. Evidence CAP.1997 Ed. Burden of proof as to relationship in the cases of partners. Proof of good faith in transactions where one party is in relation of active confidence 113. the burden of proving that he is alive is shifted to the person who affirms it.

—(1) Where any person was born — (a) during the continuance of a valid marriage between his mother and any man. The court may presume the existence of any fact which it thinks likely to have happened. The burden of proving the good faith of the transaction is on the attorney. unless he can account for his possession. Illustrations The court may presume — (a) that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen. active confidence. or (b) within 280 days after the dissolution of the marriage.75 Evidence CAP. (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. the mother remaining unmarried. human conduct. Illustrations (a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client. [Act 16 of 2013 wef 01/10/2014] 115. (2) Subsection (1) shall not apply to a person whose parenthood is determined under the Status of Children (Assisted Reproduction Technology) Act 2013. Informal Consolidation – version in force from 1/1/2015 . 97 1997 Ed. unless the contrary is proved. in their relation to the facts of the particular case. [Repealed by Act 8/96] Court may presume existence of certain fact 116. the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Rebuttable presumption of paternity 114. regard being had to the common course of natural events. and public and private business. The burden of proving the good faith of the transaction is on the father. it shall be presumed that the person is the legitimate child of that man.

(h) that if a man refuses to answer a question which he is not compelled to answer by law. B. the drawer of a bill of exchange. Each gives an account of the crime implicating D. describes precisely what was done and admits and explains the common carelessness of A and himself: as to illustration (b)—a crime is committed by several persons. and the accounts corroborate each other in such a manner as to render previous concert highly improbable: as to illustration (c)— A. was a young and ignorant person completely under A’s influence: as to illustration (d)—it is proved that a river ran in a certain course 5 years ago. the answer if given would be unfavourable to him. (e) that judicial and official acts have been regularly performed. who also took part in the arrangement.1997 Ed. a person of equally good character. 97 76 (b) that an accomplice is unworthy of credit and his evidence needs to be treated with caution. was performed under exceptional circumstances: Informal Consolidation – version in force from 1/1/2015 . Evidence CAP. was a man of business. But the court shall also have regard to such facts as the following in considering whether such maxims do or do not apply to the particular case before it: as to illustration (a)—a shop-keeper has in his till a marked dollar soon after it was stolen and cannot account for its possession specifically but is continually receiving dollars in the course of his business: as to illustration (b)— A. (d) that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist is still in existence. the acceptor. the regularity of which is in question. a person of the highest character is tried for causing a man’s death by an act of negligence in arranging certain machinery. (i) that when a document creating an obligation is in the hands of the obligor the obligation has been discharged. are captured on the spot and kept apart from each other. B. (g) that evidence which could be and is not produced would if produced be unfavourable to the person who withholds it. but it is known that there have been floods since that time which might change its course: as to illustration (e)—a judicial act. 3 of the criminals. (f) that the common course of business has been followed in particular cases. B and C. (c) that a bill of exchange accepted or endorsed was accepted or endorsed for good consideration. A.

ordinarily produces that electronic record or document. the electronic device or process produced the electronic record or document which A seeks to adduce. as to illustration (f)—the question is whether a letter was received. the court shall presume that in producing or communicating that electronic record on the occasion in question. record or store it under the control of the party seeking to introduce the electronic record. recorded or stored in the usual and ordinary course of business by a person who was not a party to the proceedings on the occasion in question and who did not generate. recorded or stored in the usual and Informal Consolidation – version in force from 1/1/2015 . Presumptions in relation to electronic records 116A. if properly used. if properly used. The fact that the electronic record was generated. but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked: as to illustration (i)—a bond is in possession of the obligor. but the circumstances of the case are such that he may have stolen it. the court shall presume that any electronic record generated. Illustration A seeks to adduce evidence in the form of an electronic record or document produced by an electronic device or process. recorded or stored is authentic if it is established that the electronic record was generated. or is of a kind that.77 CAP. the device or process produced or accurately communicated the electronic record.—(1) Unless evidence sufficient to raise doubt about the presumption is adduced. Illustration A seeks to adduce evidence against B in the form of an electronic record. 97 Evidence 1997 Ed. where a device or process is one that. ordinarily produces or accurately communicates an electronic record. but the usual course of the post was interrupted by disturbances: as to illustration (g)—a man refuses to produce a document which would bear on a contract of small importance on which he is sued. or is of a kind that. It is shown to have posted. This is a relevant fact for the court to presume that in producing the electronic record or document on the occasion in question. but which might also injure the feeling and reputation of his family: as to illustration (h)—a man refuses to answer a question which he is not compelled by law to answer. (2) Unless evidence to the contrary is adduced. A proves that the electronic device or process in question is one that.

(6) Where an electronic record was recorded or stored from a document produced pursuant to an approved process. 97 78 ordinary course of business by C.1997 Ed. and for any matters incidental thereto. and an “approved process” in subsection (6) means a process that has been approved in accordance with the provisions of such regulations. (5) The Minister may make regulations providing for a process by which a document may be recorded or stored through the use of an imaging system. recording or storage of that electronic record. is a relevant fact for the court to presume that the electronic record is authentic. that the electronic record accurately reproduces that document. in criminal proceedings a party to the proceedings shall include — (a) the police officer or other officer of a law enforcement agency who was involved in the investigation of offences allegedly committed by the accused person. (3) Unless evidence to the contrary is adduced. recorded or stored by B. the court shall presume that the electronic record is authentic in relation to the authentication issues arising from the generation. (7) The matters referred to in this section may be established by an affidavit given to the best of the deponent’s knowledge and belief. the court shall presume. is a relevant fact for the court to presume that the electronic record is authentic. unless evidence to the contrary is adduced. a neutral third party. (4) For the purposes of subsection (2). Illustration A seeks to adduce evidence against B in the form of an electronic record. [Act 4 of 2012 wef 01/08/2012] Informal Consolidation – version in force from 1/1/2015 . Evidence CAP. recorded or stored by a party who is adverse in interest to the party seeking to adduce the evidence. where an electronic record was generated. The fact that the electronic record was generated. including providing for the appointment of one or more persons or organisations to certify these systems and their use. who opposes the relevance of the evidence. or (b) an accomplice of the accused person even though he is not charged with an offence in the same proceedings.

or person claiming through such tenant. 97 Evidence 1997 Ed. act or omission intentionally caused or permitted another person to believe a thing to be true and to act upon such belief. The land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of the sale he had no title.—(1) No bailee. principal or licensor. (2) Any such bailee. When one person has by his declaration. or that his bailor. Estoppel of bailee or licensee 119. (2) No person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to deny that the person had a title to the possession at the time when the licence was given.79 CAP. was entitled to those goods at the time when they were so entrusted. Estoppel of tenant and of licensee of person in possession 118. agent or licensee may show that he was compelled to deliver up any such goods to some person who had a right to them as against his bailor. otherwise than but for that belief he would have acted. by whom any goods were entrusted to any of them respectively. principal or licensor. principal or licensor wrongfully and without notice to the Informal Consolidation – version in force from 1/1/2015 . neither he nor his representative in interest shall be allowed in any suit or proceeding between himself and such person or his representative in interest to deny the truth of that thing. agent or licensee shall be permitted to deny that the bailor. shall during the continuance of the tenancy be permitted to deny that the landlord of the tenant had at the beginning of the tenancy a title to the immovable property. Estoppel Estoppel 117.—(1) No tenant of immovable property. Illustration A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. He must not be allowed to prove his want of title.

as. (4) Where in any criminal proceedings the accused gives evidence. then. and the husband or wife of any party to the suit. shall be competent witnesses.Evidence 1997 Ed. agent or licensee. Explanation —A lunatic is not incompetent to testify unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them. Parties to civil suit and their wives or husbands. Dumb witnesses 121. 97 80 bailee. he shall not in crossexamination be asked.—(1) A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible. CAP. and husband or wife of person under criminal trial 122. disease. and if asked shall not be required to answer. for example. subject to this section and section 56. by writing or by signs. whether of body or mind. the husband or wife of such person respectively shall be a competent witness. obtained the goods from a third person. but such writing must be written and the signs made in open court. who has claimed them from such bailee. or any other cause of the same kind. (3) In any criminal proceedings. but shall not be compellable to do so. extreme old age. All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by tender years. (2) Evidence so given shall be deemed to be oral evidence.—(1) In all civil proceedings. the accused shall be competent to give evidence on behalf of himself or any person jointly charged with him. the parties to the suit. Witnesses Who may testify 120. (2) In criminal proceedings against any person. agent or licensee. any question tending to reveal to the court — Informal Consolidation – version in force from 1/1/2015 .

(5) Subsection (4) shall not apply to a question tending to reveal to the court a fact about the accused such as is mentioned in paragraph (a) or (b) thereof if evidence of that fact is (by virtue of section 14 or 15 of this Act or of section 265 or 266 of the Criminal Procedure Code 2010 or of any other written law) admissible for the purpose of proving the commission by him of the offence charged. and (b) the court is of the opinion that the main purpose of that question was to raise an issue as to the witness’s credibility. any offence other than the offence charged. any offence. any of the accused gives evidence. (7) Subsection (4) shall not apply if — (a) the accused has personally or by his advocate asked any witness for the prosecution or for a person jointly charged with him any question concerning the witness’s conduct on any occasion or as to whether the witness has committed. or has been charged with or convicted or acquitted of. or has been charged with or convicted or acquitted of. (8) Subsection (4) shall not apply where the accused has himself given evidence against any person jointly charged with him in the same proceedings. but the court shall not permit a question falling within subsection (4) to be put to the accused by virtue of this subsection unless it is of the opinion that the question is relevant to his credibility as a witness. (a) the fact that he has committed. Informal Consolidation – version in force from 1/1/2015 . or (b) the fact that he is generally or in a particular respect a person of bad disposition or reputation. subsection (4) shall not in his case apply to any question tending to reveal to the court a fact about him such as is mentioned in subsection (4)(a) or (b) if evidence of that fact is admissible for the purpose of showing any other of the accused to be not guilty of the offence with which that other is charged. 97 Evidence 1997 Ed.81 CAP. [15/2010 wef 02/01/2011] (6) Where in any criminal proceedings in which 2 or more persons are jointly charged.

no Magistrate shall be compelled to answer any question as to his own conduct in court as such Judge or Magistrate or as to anything which came to his knowledge in court as such Judge or Magistrate. No one shall be permitted to produce any unpublished official records relating to affairs of State. CAP.Evidence 1997 Ed. the committing Magistrate. or to give any evidence derived therefrom. (c) A is accused of attempting to murder a police officer whilst on his trial before B. says that a deposition was improperly taken by B. No Judge and. Evidence as to affairs of State 125. a Judge of the High Court. subject. but he may be examined as to other matters which occurred in his presence whilst he was so acting. B may be examined as to what occurred. nor shall he be permitted to disclose any such communication unless the person who made it or his representative in interest consents. however. to the control of the Minister. Communications during marriage 124. a District Judge. B cannot be compelled to answer questions as to this except upon the special order of the High Court. No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married. Illustrations (a) A. [7/97] Informal Consolidation – version in force from 1/1/2015 . (b) A is accused before a District Court of having given false evidence before B. except in suits between married persons or proceedings in which one married person is prosecuted for any crime committed against the other. B cannot be compelled to say what A said except upon the special order of the High Court. except upon the special order of the High Court. except with the permission of the officer at the head of the Department concerned. 97 82 Judges and Magistrates 123. who shall give or withhold such permission as he thinks fit. on his trial before the High Court.

or to disclose any advice given by him to his client in the course and for the purpose of such employment. (b) any fact observed by any advocate or solicitor in the course of his employment as such showing that any crime or fraud has been committed since the commencement of his employment. Professional communications 128. [17/2003 wef 26/09/2003] Information as to commission of offences 127.—(1) No public officer shall be compelled to disclose communications made to him in official confidence when he considers that the public interest would suffer by the disclosure. (2) No person who is a member. Official communications 126. (2) No revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue or the excise laws. 213) shall be compelled to disclose communications made to him in official confidence when he considers that the public interest would suffer by the disclosure. an officer or an employee of.83 CAP. 97 Evidence 1997 Ed. or who is seconded to. to disclose any communication made to him in the course and for the purpose of his employment as such advocate or solicitor by or on behalf of his client. (2) Nothing in this section shall protect from disclosure — (a) any such communication made in furtherance of any illegal purpose.—(1) No advocate or solicitor shall at any time be permitted.—(1) No Magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence. unless with his client’s express consent. any organisation specified in the Schedule to the Official Secrets Act (Cap. Explanation —“Revenue officer” in this section means any officer employed in or about the business of any branch of the public revenue or in or about the business of any Government farm. or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment. Informal Consolidation – version in force from 1/1/2015 .

As the defence of a man known to be guilty is not a criminal purpose this communication is protected from disclosure. except with the entity’s express consent.1997 Ed. or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his employment as such legal counsel. a client. charging A with the sum said to have been embezzled. Informal Consolidation – version in force from 1/1/2015 . which entry was not in the book at the commencement of his employment. This communication being made in furtherance of a criminal purpose is not protected from disclosure. (b) A. says to B. or to any officer or employee of the entity. a solicitor: “I have committed forgery and I wish you to defend me”. Illustrations (a) A. a solicitor: “I wish to obtain possession of property by the use of a forged deed on which I request you to sue”. (c) A. a client. a solicitor. This being a fact observed by B in the course of his employment. in the course and for the purpose of such employment. retains B. Explanation —The obligation stated in this section continues after the employment has ceased. to defend him. (2) Nothing in subsection (1) shall protect from disclosure — (a) any such communication made in furtherance of any illegal purpose. 97 84 (3) It is immaterial whether the attention of such advocate or solicitor was or was not directed to such fact by or on behalf of his client. Evidence CAP. says to B. showing that a fraud has been committed since the commencement of the proceedings. to disclose any communication made to him in the course and for the purpose of his employment as such legal counsel. being charged with embezzlement. it is not protected from disclosure. In the course of the proceedings B observes that an entry has been made in A’s account-book. Communications with legal counsel in entity 128A. or to disclose any legal advice given by him to the entity.—(1) A legal counsel in an entity shall not at any time be permitted.

(5) Where a legal counsel is employed by a public agency and is required as part of his duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies. 50). department. (6) For the purposes of subsection (5). (b) any fact observed by any legal counsel in an entity in the course of his employment as such legal counsel showing that any crime or fraud has been committed since the commencement of his employment as such legal counsel. 97 Evidence 1997 Ed. “public agency” includes — (a) the Government. it is immaterial whether the attention of the legal counsel was or was not directed to that fact by or on behalf of the entity. subsection (1) shall apply in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second-mentioned public agency or agencies. or Organ of State or instrumentality of the Government. (3) For the purposes of subsection (2)(b). or (d) any document which the legal counsel was made acquainted with otherwise than in the course of and for the purpose of seeking his legal advice. whether corporate or unincorporate. established under a public Act for a public function (referred to in this subsection as a statutory body). committee or similar body.85 CAP. subsection (1) shall apply in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations. commission. including any ministry. (b) any board. agency. Informal Consolidation – version in force from 1/1/2015 . (c) any such communication made to the legal counsel which was not made for the purpose of seeking his legal advice. (4) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act (Cap.

(3) If any party to a suit or proceeding calls any legal counsel in an entity as a witness. commission. 129. that party shall be deemed to have consented to such disclosure as is mentioned in section 128A only if that party questions the legal counsel on matters which but for the question the legal counsel would not be at liberty to disclose. that party shall be deemed to have consented to such disclosure as is mentioned in section 128 only if that party questions the advocate or solicitor on matters which but for the question the advocate or solicitor would not be at liberty to disclose. [Act 4 of 2012 wef 01/08/2012] Sections 128 and 128A to apply to interpreters. he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 128 or 128A. (2) If any party to a suit or proceeding calls any advocate or solicitor as a witness. Sections 128 and 128A shall apply to interpreters and other persons who work under the supervision of legal professional advisers. “legal professional adviser” means — Informal Consolidation – version in force from 1/1/2015 . but no others.—(1) No one shall be compelled to disclose to the court any confidential communication which has taken place between him and his legal professional adviser unless he offers himself as a witness. etc.—(1) If any party to a suit gives evidence therein at his own instance or otherwise. or by a statutory body. for a public purpose. [Act 4 of 2012 wef 01/08/2012] Privilege not waived by volunteering evidence 130. Evidence CAP. 97 86 (c) any other board. in which case he may be compelled to disclose any such communications as may appear to the court necessary to be known in order to explain any evidence which he has given. committee or similar body appointed by the Government. [Act 4 of 2012 wef 01/08/2012] Confidential communications with legal advisers 131.1997 Ed. [Act 4 of 2012 wef 01/08/2012] (2) In subsection (1) and section 129.

(a) an advocate or solicitor. unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims. Production of documents which another person having possession could refuse to produce 133.—(1) A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit. Witness not excused from answering on ground that answer will criminate 134. [Act 4 of 2012 wef 01/08/2012] Production of title deeds of witness not a party 132. (2) No witness who is a party to the suit shall be bound to produce any document in his possession or power which is not relevant or material to the case of the party requiring its production. nor shall anyone who is entitled to refuse to produce a document be compelled to give oral evidence of its contents. or any document in virtue of which he holds any property as pledgee or mortgagee. or Informal Consolidation – version in force from 1/1/2015 .87 CAP.—(1) No witness who is not a party to the suit shall be compelled to produce his title deeds to any property. 97 Evidence 1997 Ed. that legal counsel. except as provided by section 174. or (b) in the case of any communication which has taken place between any officer or employee of an entity and a legal counsel employed. unless such last-mentioned person consents to their production. (3) No bank shall be compelled to produce the books of such bank in any legal proceeding to which such bank is not a party. No one shall be compelled to produce documents in his possession which any other person would be entitled to refuse to produce if they were in his possession. except for the purpose of identification. by the entity in the course and for the purpose of seeking his legal advice as such legal counsel. or deemed under section 128A(4) or (5) to be employed. or any document the production of which might tend to criminate him.

or (ii) tend to expose his wife or husband to proceedings for an offence or for the recovery of a penalty. one asked by virtue of section 56). except a prosecution for giving false evidence by such answer. that person — Informal Consolidation – version in force from 1/1/2015 . document or thing which in the opinion of the court is relevant solely or mainly to the accused’s credibility as a witness (not being. directly or indirectly. upon the ground that the answer to such question will criminate. to expose. or tend. (5) Where a person being the wife or husband of the accused gives evidence in any criminal proceedings. he shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would — (i) tend to expose him to proceedings for some other offence or for the recovery of a penalty. or be proved against him in any criminal proceeding. to criminate. CAP. or that it will expose. (3) Before compelling a witness to answer a question the answer to which will criminate or may tend. directly or indirectly. 97 88 in any civil or criminal proceeding.Evidence 1997 Ed. in the case of a question. directly or indirectly. or may tend. the court shall explain to the witness the purport of subsection (2). (4) Where the proceedings — accused gives evidence in any criminal (a) he shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by him of the offence charged. such witness to a penalty or forfeiture of any kind. or that it will establish or tend to establish that he owes a debt or is otherwise subject to a civil suit at the instance of the Government or of any other person. and (b) except as regards any question. to criminate such witness. such witness. (2) No answer which a witness shall be compelled by the court to give shall subject him to any arrest or prosecution.

(2) Any rule of law or practice whereby at a trial it is obligatory for the court to warn itself about convicting the accused on the uncorroborated testimony of an accomplice is hereby abrogated. 97 Evidence 1997 Ed. (6) No answer which an accused or his spouse shall be compelled to give under subsection (4)(b) or under subsection (5)(b) shall — (a) expose the accused to any proceedings for some other offence or for the recovery of a penalty or be proved against him in any such proceedings. and (b) except as regards any question. (7) Any reference in this section to proceedings for the recovery of a penalty includes a reference to civil proceedings therefor.—(1) An accomplice shall be a competent witness against an accused person. Informal Consolidation – version in force from 1/1/2015 . or (b) expose the spouse to any proceedings for an offence or for the recovery of a penalty or be proved against the spouse in any such proceedings. shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to expose her or him to proceedings as mentioned in subsection (4)(b)(i). (a) shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by the accused of the offence charged. Number of witnesses 136. No particular number of witnesses shall in any case be required for the proof of any fact. Accomplice 135. document or thing which in the opinion of the court is relevant solely or mainly to that person’s credibility as a witness.89 CAP.

1997 Ed. such last-mentioned fact must be proved before evidence is given of the fact firstmentioned. (3) If the relevancy of one alleged fact depends upon another alleged fact being first proved. would be relevant. in its discretion. (b) It is proposed to prove by a copy the contents of a document said to be lost. The fact that the person is dead must be proved by the person proposing to prove the statement before evidence is given of the statement. The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively. and the court shall admit the evidence if it thinks that the fact. Evidence CAP. if proved. which statement is relevant under section 32. either permit evidence of the first fact to be given before the second fact is proved.—(1) When either party proposes to give evidence of any fact. and in the absence of any such law by the discretion of the court. the court may ask the party proposing to give the evidence in what manner the alleged fact. the court may. unless the party undertakes to give proof of such fact and the court is satisfied with such undertaking. (2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact. and not otherwise. would be relevant. Illustrations (a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead. Informal Consolidation – version in force from 1/1/2015 . 97 90 Examination of witnesses Order of production and examination of witnesses 137. or required evidence to be given of the second fact before evidence is given of the first fact. Court to decide as to admissibility of evidence 138. if proved. The fact that the original is lost must be proved by the person proposing to produce the copy before the copy is produced.

(c) A is accused of receiving stolen property. and Informal Consolidation – version in force from 1/1/2015 . Examination-in-chief. C or D is proved or may require proof of B. C and D) which must be shown to exist before the fact (A) can be regarded as the cause or effect of the fact in issue. The court may either permit A to be proved before B. (2) The examination and cross-examination must relate to relevant facts. (3) Where a witness has been cross-examined and is then examined by the party who called him. 97 Evidence 1997 Ed. either require the property to be identified before the denial of the possession is proved or permit the denial of the possession to be proved before the property is identified. then. It is proposed to prove that he denied the possession of the property. re-examined. in its discretion.—(1) The examination of a witness by the party who calls him shall be called his examination-in-chief. Order of examinations and direction of re-examination 140. knowing it to have been stolen.91 CAP. if the party calling them so desires. There are several intermediate facts (B. the adverse party may further cross-examine upon that matter. if the adverse party so desires. such examination shall be called his reexamination. introduced in re-examination. (4) The court may in all cases permit a witness to be recalled either for further examination-in-chief or for further cross-examination. cross-examined. cross-examination and re-examination 139. but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. C and D before permitting proof of A. The relevancy of the denial depends on the identity of the property. (2) The examination of a witness by the adverse party shall be called his cross-examination. and if new matter is. (3) The re-examination shall be directed to the explanation of matters referred to in cross-examination. (d) It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact in issue. by permission of the court. then. The court may.—(1) Witnesses shall be first examined-in-chief.

is called a leading question. When they may be asked 145.Evidence 1997 Ed. A person summoned to produce a document does not become a witness by the mere fact that he produces it. Any question suggesting the answer which the person putting it wishes or expects to receive or suggesting disputed facts as to which the witness is to testify. the parties have the right of further cross-examination and re-examination respectively. (2) The court shall permit leading questions as to matters which are introductory or undisputed. subject to the following qualifications: (a) the question must not put into the mouth of the witness the very words which he is to echo back again. be asked in an examination-in-chief or in a re-examination. CAP. or that particular answers have been given contrary to the fact. Witnesses to character may be cross-examined and reexamined. Cross-examination of person called to produce a document 141. or which have in its opinion been already sufficiently proved. except with the permission of the court. 97 92 if it does so.—(1) Leading questions must not. When they must not be asked 144. and cannot be crossexamined unless he is called as a witness. Witnesses to character 142.—(1) Leading questions may be asked in cross-examination. Leading questions 143. and (b) the question must not assume that facts have been proved which have not been proved. Informal Consolidation – version in force from 1/1/2015 . if objected to by the adverse party.

does not distinctly admit that he made such statement. proof may be given that he did in fact make it. and relevant to matters in question in the suit or proceeding in which he is cross-examined. (2) The court.—(1) A witness may be cross-examined as to previous statements made by him in writing or reduced into writing. C deposes that he heard A say to D: “B wrote a letter accusing me of theft and I will be revenged on him”. the adverse party may object to such evidence being given until such document is produced or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. before the writing can be proved. Explanation —A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts. grant or other disposition of property as to which he is giving evidence was not contained in a document. Illustration The question is whether A assaulted B. The statement is relevant as showing A’s motive for the assault and evidence may be given of it though no other evidence is given about the letter. and if he says that it was. upon cross-examination as to a previous oral statement made by him relevant to matters in question in the suit or proceeding in which he is cross-examined and inconsistent with his present testimony. but if it is intended to contradict him by the writing. his attention must. in its discretion. may prohibit leading questions from being put to a witness who shows a strong interest or bias in favour of the cross-examining party. be called to those parts of it which are to be used for the purpose of contradicting him. Cross-examination as to previous statements in writing 147. (2) If a witness. 97 Evidence 1997 Ed. or if he is about to make any statement as to the contents of any document which in the opinion of the court ought to be produced. without such writing being shown to him or being proved. but before Informal Consolidation – version in force from 1/1/2015 . Any witness may be asked whilst under examination whether any contract.93 CAP. Evidence as to matters in writing 146.

Informal Consolidation – version in force from 1/1/2015 . (5) Where a document or any part of a document is received in evidence by virtue of subsection (4). sufficient to designate the particular occasion. Evidence CAP. 97 94 such proof can be given. must be mentioned to the witness. to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated. that document may be made evidence in those proceedings. the circumstances of the supposed statement. (7) Notwithstanding any other written law or rule of practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated. (4) Where a person called as a witness in any proceedings is crossexamined on a document used by him to refresh his memory. and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent the facts. (6) In estimating the weight. in particular. if any. to be attached to a statement admissible in evidence by virtue of this section regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and. (3) Where in any proceedings a previous inconsistent or contradictory statement made by a person called as a witness in those proceedings is proved by virtue of this section. any statement made in that document or part by the person using the document to refresh his memory shall by virtue of that subsection be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible. that statement shall by virtue of this subsection be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible. a statement which is admissible in evidence by virtue of this section shall not be capable of corroborating evidence given by the maker of the statement.1997 Ed. and he must be asked whether or not he made such statement.

the court shall decide whether or not the witness shall be compelled to answer it. directly or indirectly. 97 Evidence 1997 Ed. except in so far as it affects the credit of the witness by injuring his character. Court to decide when question shall be asked and when witness compelled to answer 150. When witness to be compelled to answer 149. and may. in addition to the questions hereinbefore referred to. be asked any questions which tend — (a) to test his accuracy. although the answer to such questions might tend. the court shall have regard to the following considerations: (a) such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testifies. or might expose or tend. If any such question relates to a matter relevant to the suit or proceeding. veracity or credibility. section 134 shall apply thereto. (b) such questions are improper if the imputation which they convey relates to matters so remote in time or of such character that the truth of the imputation would not affect or would affect in a slight degree the opinion of the court as to the credibility of the witness on the matter to which he testifies. or (c) to shake his credit by injuring his character. Informal Consolidation – version in force from 1/1/2015 . (2) In exercising its discretion. warn the witness that he is not obliged to answer it. Questions lawful in cross-examination 148. to expose him to a penalty or forfeiture. to criminate him. directly or indirectly.95 CAP. he may.—(1) If any question relates to a matter not relevant to the suit or proceeding. When a witness may be cross-examined. (b) to discover who he is and what is his position in life. if it does not think fit to compel him to answer the question.

Evidence CAP. Illustrations (a) An advocate is instructed by a solicitor that an important witness is a professional gambler. No such question as is referred to in section 150 ought to be asked unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well founded. (d) A witness of whom nothing whatever is known being questioned as to his mode of life and means of living gives unsatisfactory answers. the inference that the answer. if they think fit. if it sees fit. The informant. There are here no reasonable grounds for the question.1997 Ed. Informal Consolidation – version in force from 1/1/2015 . 97 96 (c) such questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence. is asked at random whether he is a professional gambler. This may be a reasonable ground for asking him if he is a professional gambler. This is a reasonable ground for asking the witness whether he is a professional gambler. draw from the witness’s refusal to answer. (c) A witness of whom nothing whatever is known. exercise the power to suspend or strike off the roll of advocates and solicitors given to them under the Legal Profession Act (Cap. gives satisfactory reasons for his statement. the court may. report the circumstances of the case to the Supreme Court in order that the Judges may. would be unfavourable. Procedure of court in case of question being asked without reasonable grounds 152. This is a reasonable ground for asking the witness whether he is a professional gambler. on being questioned by the advocate. If the court is of the opinion that any such question was asked without reasonable grounds. (b) An advocate is informed by a person in court that an important witness is a professional gambler. (d) the court may. if given. Question not to be asked without reasonable grounds 151. if it was asked by any advocate or solicitor. 161).

no evidence shall be given to contradict him.—If a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested. but if he answers falsely he may afterwards be charged with giving false evidence. Informal Consolidation – version in force from 1/1/2015 . Exclusion of evidence to contradict answers to questions testing veracity 155. When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character. The claimant is asked whether in a former transaction he had not made a fraudulent claim. The court shall forbid any question which appears to it to be intended to insult or annoy. He denies it. evidence may be given of his previous conviction. Exception 1. although such questions or inquiries may have some bearing on the questions before the court. Illustrations (a) A claim against an underwriter is resisted on the ground of fraud.—If a witness is asked whether he has been previously convicted of any crime and denies it. Evidence is offered to show that he did make such a claim. (b) A witness is asked whether he was not dismissed from a situation for dishonesty. Questions intended to insult or annoy 154. he may be contradicted. Indecent and scandalous questions 153. The court may forbid any questions or inquiries which it regards as indecent or scandalous.97 Evidence CAP. appears to the court needlessly offensive in form. unless they relate to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed. or which though proper in itself. Exception 2. 97 1997 Ed. He denies it. The evidence is inadmissible.

(c) A affirms that on a certain day he saw B at Malacca. or has accepted the offer of a bribe. but as contradicting the alleged fact that B was seen on the day in question in Malacca. permit the person who calls a witness to put any questions to him which might be put in crossexamination by the adverse party. Impeaching credit of witness 157. with the consent of the court. A is asked whether he himself was not on that day at Penang. in its discretion. He denies it. against whom he gives evidence.1997 Ed. The court may. She denies it. by the party who calls him: (a) by the evidence of persons who testify that they from their knowledge of the witness believe him to be unworthy of credit. The evidence is admissible. The evidence is not admissible. The evidence is not admissible. not as contradicting A on a fact which affects his credit. B is asked in cross-examination whether she has not had illicit intercourse with C and D. (e) A is asked whether he has not said that he would be revenged on B. Evidence is offered to show that she has had such intercourse with C and D. the witness might. Evidence is offered to show that A was on that day at Penang. Informal Consolidation – version in force from 1/1/2015 . if the denial was false. He denies it. or has received any other corrupt inducement to give his evidence. (d) A is tried for a rape on B. be charged with giving false evidence. (b) by proof that the witness has been bribed. In each of the cases in illustrations (c) and (d). 97 98 Evidence is offered to show that he was dismissed for dishonesty. Questions by party to his own witness 156. He may be contradicted on the ground that the question tends to impeach his impartiality. The credit of a witness may be impeached in the following ways by the adverse party or. Evidence CAP.

and the answers which he gives cannot be contradicted. but he may be asked his reasons in cross-examination. if they are false. C says that he delivered the goods to B. The evidence is admissible. Illustrations (a) A sues B for the price of goods sold and delivered to B. he may afterwards be charged with giving false evidence. Evidence is offered to show that on a previous occasion he said that he had not delivered the goods to B. though. Questions tending to corroborate evidence of relevant fact admissible 158. [Act 4 of 2012 wef 01/08/2012] (d) [Deleted by Act 4 of 2012 wef 01/08/2012] Explanation —A witness declaring another witness to be unworthy of credit may not. upon his examination-in-chief. Evidence is offered to show that on a previous occasion C said that the wound was not given by A or in his presence. would corroborate the testimony of the witness as to the relevant fact to which he testifies.99 CAP. when dying. (b) A is indicted for the murder of B. if the court is of the opinion that such circumstances. if proved. C says that B. The evidence is admissible. (2) Any rule of law or practice whereby in criminal proceedings the evidence of one witness is incapable of corroborating the evidence of another witness is hereby abrogated. give reasons for his belief.—(1) When a witness whom it is intended to corroborate gives evidence of any relevant fact. Informal Consolidation – version in force from 1/1/2015 . 97 Evidence 1997 Ed. (c) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted. declared that A had given B the wound of which he died. he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred.

or before any authority legally competent to investigate the fact. which might have been proved if that person had been called as a witness and had denied upon crossexamination the truth of the matter suggested. or in order to impeach or confirm the credit of the person by whom it was made. all matters may be proved either in order to contradict or to corroborate it. Informal Consolidation – version in force from 1/1/2015 .Evidence 1997 Ed. [Act 4 of 2012 wef 01/08/2012] Refreshing memory 161. or so soon afterwards that the court considers it likely that the transaction was at that time fresh in his memory. on oath. and (b) a statement that is admissible in evidence by virtue of section 32(1)(b) is not capable of corroborating evidence given by the person who originally supplied the information from which the statement was made. or in ordinary conversation. In order to corroborate the testimony of a witness.—(1) A witness may while under examination refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned. whether written or verbal. 97 100 Former statements of witness may be proved to corroborate later testimony as to same fact 159. What matters may be proved in connection with proved statement relevant under section 32 or 33 160. For the purpose of any rule of law or practice that requires evidence to be corroborated or that regulates the manner in which uncorroborated evidence is to be treated — (a) a statement that is admissible in evidence by virtue of section 32(1) is not capable of corroborating evidence given by the maker of the statement. may be proved. Whenever any statement relevant under section 32 or 33 is proved. any former statement made by such witness. Evidence not capable of corroboration 160A. CAP. relating to the same fact at or about the time when the fact took place.

if it is in his possession or power. Illustration A book-keeper may testify to facts recorded by him in books regularly kept in the course of business if he knows that the books were correctly kept. refer to a copy of such document if the court is satisfied that there is sufficient reason for the non-production of the original. or take other evidence to enable it to determine on its admissibility. if. Right of adverse party as to writing used to refresh memory 163. with the permission of the court. if it sees fit. although he has forgotten the particular transactions entered. Testimony to facts stated in document mentioned in section 161 162. Informal Consolidation – version in force from 1/1/2015 .—(1) A witness summoned to produce a document shall. when he read it. (3) The court. Any writing referred to under section 161 or 162 must be produced and shown to the adverse party if he requires it. he knew it to be correct. (2) The witness may also refer to any such writing made by any other person and read by the witness within the time mentioned in subsection (1). may inspect the document unless it refers to affairs of State. (3) Whenever the witness may refresh his memory by reference to any document. such party may cross-examine the witness thereupon. if he is sure that the facts were correctly recorded in the document. he may. Production and translation of documents 164. A witness may also testify to facts mentioned in any such document as is mentioned in section 161 although he has no specific recollection of the facts themselves. (4) An expert may refresh his memory by reference to professional treatises.101 CAP. (2) The validity of any such objection shall be decided on by the court. 97 Evidence 1997 Ed. bring it to court notwithstanding any objection which there may be to its production or to its admissibility.

Giving as evidence document called for and produced on notice 165. and B refuses to produce it. A gives secondary evidence of its contents. in order to discover or to obtain proper proof of relevant facts. 97 102 (4) If for such a purpose it is necessary to cause any document to be translated. and may order the production of any document or thing. the court may. about any fact relevant or irrelevant. When a party calls for a document which he has given the other party notice to produce. Judge’s power to put questions or order production 167. to cross-examine any witness upon any answer given in reply to any such question. When a party refuses to produce a document which he has had notice to produce. ask any question he pleases. B seeks to produce the document itself to contradict the secondary evidence given by A.—(1) The Judge may. and neither the parties nor their agents shall be entitled to make any objection to any such question or order. 224). he shall be held to have committed an offence under section 166 of the Penal Code (Cap. nor. (2) The judgment must be based upon facts declared by this Act to be relevant and duly proved. direct the translator to keep the contents secret unless the document is to be given in evidence. if it thinks fit. without the leave of the court. He cannot do so. Informal Consolidation – version in force from 1/1/2015 . or in order to show that the agreement is not stamped. Illustration A sues B on an agreement. and such document is produced and inspected by the party calling for its production. and if the translator disobeys such direction.1997 Ed. Evidence CAP. and gives B notice to produce it. of any witness or of the parties. At the trial A calls for the document. he cannot afterwards use the document as evidence without the consent of the other party or the order of the court. Using as evidence document production of which was refused on notice 166. in any form at any time. he is bound to give it as evidence if the party producing it requires him to do so and if it is relevant.

if the rejected evidence had been received. there was sufficient evidence to justify the decision. Improper admission and rejection of evidence No new trial for improper admission or rejection of evidence 169. nor shall the Judge ask any question which it would be improper for any other person to ask under section 150 or 151. or that. cash books. In cases tried with assessors. The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case if it appears to the court before which such objection is raised that. (3) This section shall not authorise any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 123 to 133 if the question were asked or the document were called for by the adverse party. In this Part — “bank” and “banker” mean any company carrying on the business of bankers in Singapore under a licence granted under any law relating to banking. except in the cases excepted in this Act. the assessors may put any questions to the witnesses through or by leave of the Judge. independently of the evidence objected to and admitted. Informal Consolidation – version in force from 1/1/2015 . PART IV BANKERS’ BOOKS Interpretation 170. which the Judge himself might put and which he considers proper. [37/98 wef 16/11/98] “bankers’ books” includes ledgers. day books. Power of assessors to put questions 168. it ought not to have varied the decision. nor shall he dispense with the primary evidence of any document.103 CAP. account books and all other books used in the ordinary business of the bank. 97 Evidence 1997 Ed.

CAP. and may be given either orally or by an affidavit sworn before any commissioner for oaths or person authorised to take affidavits. and includes an arbitration. (2) Such proof shall be given by some person who has examined the copy with the original entry.—(1) A copy of an entry in a banker’s book shall not be received in evidence under this Part unless it is first proved that — (a) the book was. one of the ordinary books of the bank. 97 104 “court” means the High Court. “legal proceeding” means any civil or criminal proceeding or inquiry in which evidence is or may be given. (2) Such proof may be given by an officer of the bank and may be given orally or by an affidavit sworn before any commissioner for oaths or person authorised to take affidavits. or to appear Informal Consolidation – version in force from 1/1/2015 . transactions and accounts therein recorded. in any legal proceedings to which the bank is not a party. Subject to this Part. Production by. (b) the entry was made in the usual and ordinary course of business. and (c) the book is in the custody or control of the bank. be compellable to produce any banker’s book the contents of which can be proved under this Part. officer of bank 174. at the time of the making of the entry. An officer of a bank shall not.Evidence 1997 Ed. or appearance of. Verification of copy 173. a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry and of the matters. Mode of proof of entries in bankers’ books 171.—(1) A copy of an entry in a banker’s book shall not be received in evidence under this Part unless it is further proved that the copy has been examined with the original entry and is correct. Proof that book is a banker’s book 172.

97 1997 Ed. Civil Service College Civil Aviation Authority of Singapore Act 2009. transactions and accounts therein recorded. Court or Judge may order inspection 175. Singapore Act under which established Currency Act (Chapter 69). 2. Board of Commissioners of Currency. Civil Aviation Authority of Singapore 3A. Civil Service College Act 2001 (Act 29 of 2001). unless by order of a judge made for special cause.105 Evidence CAP.—(1) The costs of any application to the court or a Judge under this Part. (2) Any such order against a bank may be enforced as if the bank were a party to the proceeding. who may order the same or any part thereof to be paid to any party by the bank where the same have been occasioned by any fault or delay on the part of the bank. (2) An order under this section may be made either on or without summoning the bank or any other party. and the costs of anything done or to be done under an order of the court or a Judge made under this Part. THE SCHEDULE Section 80A Statutory Body 1. 4. the court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of such proceedings. wef 10/06/2005.—(1) On the application of any party to a legal proceeding. shall be in the discretion of the court or Judge. and shall be served on the bank 3 clear days before the same is to be obeyed unless the court or judge otherwise directs. as a witness to prove the matters. Central Provident Fund Board Central Provident Fund Act (Chapter 36). 3. [Deleted by Act 3/2005. Costs 176.] Informal Consolidation – version in force from 1/1/2015 .

5A.Evidence 1997 Ed. Public Utilities Board Public Utilities Act (Chapter 261). 11. Singapore Productivity and Standards Board Act Informal Consolidation – version in force from 1/1/2015 . 12. Defence Science and Technology Agency 6. Jurong Town Corporation Jurong Town Corporation Act (Chapter 150). Intellectual Property Office of Intellectual Property Office of Singapore Singapore Act 2001. 10. 7A. Housing and Development Board Housing and Development Act (Chapter 129). Inland Revenue Authority of Singapore Act (Chapter 138A). 7. Singapore Land Authority 16. Singapore Broadcasting Authority Singapore Broadcasting Authority Act (Chapter 297). 8A. Economic Development Board Defence Science and Technology Agency Act 2000. Info-communications Development Authority of Singapore 8. Health Sciences Authority Health Sciences Authority Act (Chapter 122C). Land Transport Authority of Singapore Land Transport Authority of Singapore Act (Chapter 158A). 6A. 15. 97 106 THE SCHEDULE — continued Statutory Body 5. Monetary Authority of Singapore Monetary Authority of Singapore Act (Chapter 186). Economic Development Board Act (Chapter 85). Singapore Productivity and Standards Board Singapore Land Authority Act 2001. 15A. 13. wef 01/12/1999] 14. Construction Industry Development Board Act under which established Construction Industry Development Board Act (Chapter 51). [Deleted by Act 41/99. Maritime and Port Authority of Singapore Maritime and Port Authority of Singapore Act (Chapter 170A). Inland Revenue Authority of Singapore Info-communications Development Authority of Singapore Act 1999. 9. CAP.

Trade Development Board Trade Development Board Act (Chapter 330). 18. 20. Singapore Tourism Board Act (Chapter 305B). wef 01/12/1999] 19. 1/96. 7/96] [S 210/2011 wef 01/05/2011] [3/2005 wef 10/06/2005] [S 613/2001 wef 12/12/2001] [9/2000 wef 15/03/2000] [41/99 wef 01/12/1999] [3/2001 wef 01/04/2001] [17/2001 wef 01/06/2001] [17/2009 wef 01/07/2009] Informal Consolidation – version in force from 1/1/2015 . THE SCHEDULE — continued Statutory Body 17. 29/95. 97 1997 Ed. [S 414/92. Urban Redevelopment Authority Urban Redevelopment Authority Act (Chapter 340).107 Evidence CAP. [Deleted by Act 41/99. Singapore Tourism Board Act under which established (Chapter 303A).

Second and Third Readings : Date not available Date of commencement : 10 December 1907 4. Second and Third Readings : Dates not available Date of commencement : 1 July 1893 2. Ordinance 3 of 1893 — Evidence Ordinance 1893 Date of First. 1. Ordinance 44 of 1949 — Bankers’ Books Evidence (Amendment) Ordinance 1949 Date of First Reading : 19 October 1949 (Bill published on 28 October 1949.LEGISLATIVE HISTORY EVIDENCE ACT (CHAPTER 97) This Legislative History is provided for the convenience of users of the Evidence Act. Ordinance 29 of 1935 — Evidence (Amendment) Ordinance 1935 Date of First Reading : Date not available (Bill published on 14 June 1935. It is not part of the Act. No Bill number given) Date of Second and Third Readings : 15 November 1949 Date of commencement : 2 December 1949 Informal Consolidation – version in force from 1/1/2015 . No Bill number given) Date of Second and Third Readings : 26 August 1935 Date of commencement : 13 September 1935 5. Second and Third Readings : Dates not available Date of commencement : Date not available 3. Ordinance 29 of 1907 — Evidence Ordinance Amendment Ordinance 1907 Date of First. Ordinance 12 of 1895 — Evidence (Amendment) Ordinance 1895 Date of First.

G. Ordinance 72 of 1959 — Transfer of Powers (No. 5) Order 1959 Date of commencement : 20 November 1959 10. LN 71/1965 Date of commencement : Date not available Informal Consolidation – version in force from 1/1/2015 . 45/54 published on 17 December 1954) Date of Second and Third Readings : 28 January 1955 Date of commencement : 11 February 1955 7. N. S(NS) 179/1959 — The Singapore Constitution (Modification of Laws) (No. Ordinance 8 of 1955 — Revised Edition of the Laws (Miscellaneous Amendments) Ordinance 1955 Date of First Reading : 14 December 1954 (Bill No. No. 2 of 1960 Date of Third Reading : 13 February 1960 Date of commencement : 26 February 1960 12.ii 6. N.A. Ordinance 17 of 1960 — Evidence (Amendment) Ordinance 1960 Date of First Reading : 13 August 1959 (Bill No. 3) Order 1959 Date of commencement : 20 November 1959 8. G. 14/59 published on 21 August 1959) Date of Second Reading : 2 September 1959 Referred to Select Committee : L. No. 4) Order 1959 Date of commencement : 20 November 1959 9. S(NS) 178/1959 — The Singapore Constitution (Modification of Laws) (No. N. S(NS) 177/1959 — The Singapore Constitution (Modification of Laws) (No. No. G. 31/59 published on 30 September 1959) Date of Second and Third Readings : 11 November 1959 Date of commencement : 20 November 1959 11. 2) Ordinance 1959 Date of First Reading : 22 September 1959 (Bill No.

N. Act 29 of 1995 — Rapid Transit Systems Act 1995 (Consequential amendments made by) Date of First Reading : 7 July 1995 (Bill No. 1990 Revised Edition — Evidence Act Date of operation : 15 March 1990 19. 22/69 published on 20 October 1969) Date of Second and Third Readings : 22 December 1969 Date of commencement : 2 January 1970 16. No. No. S 414/1992 — The Evidence Act (Amendment of Schedule) Order 1992 Date of commencement : 25 September 1992 20. 34/75 published on 5 August 1975) Date of Second and Third Readings : 23 July 1976 Date of commencement : 1 January 1977 17. Act 14 of 1969 — Statute Law Revision Act 1969 Date of First Reading : 15 October 1969 (Bill No. G. S 39/1966 — The Modification of Laws (Evidence) Order 1966 Date of commencement : 4 March 1966 14. 1970 Revised Edition — Evidence Act (Cap. 19/87 published on 11 November 1987) Date of Second and Third Readings : 30 November 1987 Date of commencement : 1 February 1988 18.iii 13. G. 25/95 published on 8 July 1995) Date of Second and Third Readings : 7 August 1995 Informal Consolidation – version in force from 1/1/2015 . Act 11 of 1976 — Evidence (Amendment) Act 1976 Date of First Reading : 29 July 1975 (Bill No. 5) Date of operation : 1 March 1971 15. Act 28 of 1987 — Evidence (Amendment) Act 1987 Date of First Reading : 9 November 1987 (Bill No. N.

46/95 published on 6 December 1995) Date of Second and Third Readings : 18 January 1996 Date of commencement : 2 February 1996 22. 39/95 published on 2 November 1995) Date of Second and Third Readings : 5 December 1995 Date of commencement : 1 April 1996 24. 6/97 published on 12 July 1997) Date of Second and Third Readings : 25 August 1997 Date of commencement : 1 October 1997 (except section 3) 25. 23/98 published on 2 June 1998) Informal Consolidation – version in force from 1/1/2015 . 1997 Revised Edition — Evidence Act Date of operation : 20 December 1997 26. 45/95 published on 6 December 1995) Date of Second and Third Readings : 18 January 1996 Date of commencement : 8 March 1996 23. Act 25 of 1998 — Electronic Transactions Act 1998 (Consequential amendments made to Act by) Date of First Reading : 1 June 1998 (Bill No.iv Date of commencement : 1 September 1995 21. Act 8 of 1996 — Evidence (Amendment) Act 1996 Date of First Reading : 5 December 1995 (Bill No. Act 1 of 1996 — Singapore Productivity and Standards Board Act 1996 (Consequential amendments made by) Date of First Reading : 1 November 1995 (Bill No. Act 7 of 1996 — Maritime and Port Authority of Singapore Act 1996 (Consequential amendments made by) Date of First Reading : 5 December 1995 (Bill No. Act 7 of 1997 — Statutes (Miscellaneous Amendments) Act 1997 Date of First Reading : 11 July 1997 (Bill No.

34/1998 published on 1 August 1998) Date of Second and Third Readings : 12 October 1998 Date of commencement : 16 November 1998 (item (4) in the Schedule) 28. Act 37 of 1998 — Post Office Savings Bank of Singapore (Transfer of Undertakings and Dissolution) Act 1998 (Consequential amendments made to Act by) Date of First Reading : 31 July 1998 (Bill No. Act 9 of 2000 — Defence Science and Technology Agency Act 2000 (Consequential amendments made to Act by) Date of First Reading : 17 January 2000 (Bill No. Act 3 of 2001 — Intellectual Property Office of Singapore Act 2001 (Consequential amendments made to Act by) Date of First Reading : 12 January 2001 (Bill No. Act 41 of 1999 — Info-communications Development Authority of Singapore Act 1999 (Consequential amendments made to Act by) Date of First Reading : 11 October 1999 (Bill No. 1/2001 published on 13 January 2001) Date of Second and Third Readings : 22 February 2001 Informal Consolidation – version in force from 1/1/2015 . 1/2000 published on 18 January 2000) Date of Second and Third Readings : 21 February 2000 Date of commencement : 15 March 2000 (item (2) in the Schedule) 30.v Date of Second and Third Readings : 29 June 1998 Date of commencement : 10 July 1998 (section 64) 27. 36/1999 published on 12 October 1999) Date of Second and Third Readings : 23 November 1999 Date of commencement : 1 December 1999 (item 8(2) in the Fourth Schedule) 29.

Act 17 of 2001 — Singapore Land Authority Act 2001 (Consequential amendments made to Act by) Date of First Reading : 5 March 2001 (Bill No. No. G. 52/2004 published on 20 October 2004) Date of Second and Third Readings : 25 January 2005 Date of commencement : 10 June 2005 (item (3) in the Third Schedule) 35. Act 17 of 2003 — Evidence (Amendment) Act 2003 Date of First Reading : 14 August 2003 (Bill No. 17/2001 published on 6 March 2001) Date of Second and Third Readings : 19 April 2001 Date of commencement : 1 June 2001 (item (4) in the Fourth Schedule) 32.vi Date of commencement : 1 April 2001 (item (3) in the Fourth Schedule) 31. Act 3 of 2005 — CISCO (Dissolution) Act 2005 (Consequential amendments made to Act by) Date of First Reading : 19 October 2004 (Bill No. N. S 613/2001 — Evidence Act (Amendment of Schedule) Order 2001 Date of commencement : 12 December 2001 33. Act 51 of 2007 — Penal Code (Amendment) Act 2007 (Consequential amendments made to Act by) Date of First Reading : 17 September 2007 (Bill No. 38/2007 published on 18 September 2007) Date of Second and Third Readings : 22 October 2007 Date of commencement : 1 February 2008 (item (3) in the Third Schedule) Informal Consolidation – version in force from 1/1/2015 . 16/2003 published on 15 August 2003) Date of Second and Third Readings : 2 September 2003 Date of commencement : 26 September 2003 34.

Act 15 of 2010 — Criminal Procedure Code 2010 (Consequential amendments made to Act by) Date of First Reading : 26 April 2010 (Bill No. G. Act 5 of 2014 — Subordinate Courts (Amendment) Act 2014 (Consequential amendments made to Act by) Date of First Reading : 11 November 2013 (Bill No. 11/2010 published on 26 April 2010) Date of Second and Third Readings : 19 May 2010 Date of commencement : 2 January 2011 (item (39) of the Sixth Schedule) 38. N. 10/2009 published on 23 March 2009) Date of Second and Third Readings : 13 April 2009 Date of commencement : 1 July 2009 (item (4) in the Fourth Schedule) 37.vii 36. S 210/2011 — Evidence Act (Amendment of Schedule) Order 2011 Date of commencement : 1 May 2011 39. Act 17 of 2009 — Civil Aviation Authority of Singapore Act 2009 (Consequential amendments made to Act by) Date of First Reading : 23 March 2009 (Bill No. No. 2/2012 published on 16 January 2012) Date of Second and Third Readings : 14 February 2012 Date of commencement : 1 August 2012 40. 26/2013 published on 11 November 2013) Date of Second and Third Readings : 21 January 2014 Date of commencement : 7 March 2014 (item (10) in the Schedule) Informal Consolidation – version in force from 1/1/2015 . Act 4 of 2012 — Evidence (Amendment) Act 2012 Date of First Reading : 16 January 2012 (Bill No.

Act 27 of 2014 — Family Justice Act 2014 Date of First Reading : 8 July 2014 (Bill No.viii 41. Act 41 of 2014 — Statutes (Miscellaneous Amendments â Deputy Attorney-General) Act 2014 Date of First Reading : 7 October 2014 (Bill No. 37/2014 published on 7 October 2014) Date of Second and Third Readings : 4 November 2014 Date of commencement : 1 January 2015 Informal Consolidation – version in force from 1/1/2015 . Act 16 of 2013 — Status of Children (Assisted Reproduction Technology) Act 2013 Date of First Reading : 8 July 2013 (Bill No. 12/2013 published on 8 July 2013) Date of Second and Third Readings : 12 August 2013 Date of commencement : 1 October 2014 43. 21/2014 published on 8 July 2014) Date of Second and Third Readings : 4 August 2014 Date of commencement : 1 October 2014 42.